Intestacy – Dying Without a Will
Handling an estate which has no will usually involves a family member acting as the personal representative of the deceased and administering the estate.
The personal representative applies to the court for a Grant of Representation, to enable him to administer the estate.
If there is no will, the Rules of Intestacy will determine the distribution of an estate and who is entitled to claim from it.
The personal representative can appoint a professional, such as a solicitor, to deal with the estate’s administration.
Intestacy involves an unfamiliar legal processes, with potential financial complications and a great deal of worry and stress – especially without professional help from a probate solicitor. Seeking help at an early stage can speed up the process and make sure that the probate process goes smoothly, at a time already difficult enough for families.
The Rules Of Intestacy
When someone dies without a valid will there are strict inheritance laws in place. These are known as the Rules of Intestacy. They apply in England and Wales.
The Rules of Intestacy can be quite harsh as they do not often bear in mind modern family relationships. For example, no provisions are made for unmarried and unregistered partners. This means that the surviving partner will not automatically inherit any part of the estate that was owned in the sole name of the deceased.
Despite this, a partner can often make a valid inheritance claim. Alternatively, the family can (in certain circumstances, if they agree to) legally vary the distribution on intestacy in order to provide for the partner.
The Rules of Intestacy only recognise natural and adopted children for the purpose of inheritance; step-children are not acknowledged. In spite of this, in many cases step-children have a valid claim.
You can see that situations may quickly become complex. The best way to make it clear who should inherit your property and possessions after you die is by making a will.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is the required legal document when dealing with the estate of someone who has died without a will.
In this situation, one of the deceased’s relatives will need to go through the probate and estate administration process. This person is known as the ‘administrator’. Executors and Administrators are known generically as Personal Representatives.
If you’re the administrator, one of the first things you’ll be required to do is obtain a Grant of Letters of Administration. This is a document issued by the Probate Registry and gives you the legal authority to deal with the estate.
If you are unsure about anything you have read, please contact us for advice. We offer a warm and professional service at this difficult time.
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