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Probate & Wills

Dying Intestate

When your loved one has passed away without leaving a valid Will, we know that you’ll have enough to cope with without worrying about what you need to do next.

What does ‘dying intestate’ mean?

Where someone has died without a valid Will in place, this is known as being ‘intestate’. The law steps in and sets out both an order of who is able to deal with your family member or friend’s property and possessions and also who receives these at the end of the process. These rules are known as the ‘intestacy rules’.

As a first step, you will need to make sure that there is no Will held by any firm of solicitors or Will writers and no homemade document which counts as a Will. If you are unsure of how to go about this, or what might or might not be classed as a valid Will, or even understandably don’t feel that you want to deal with the onerous investigations needed, then we can help.

Dealing with the administration of an estate

We can then guide you through the requirements of the intestacy rules and show you how to deal with the administration of your loved one’s estate. For example, some people are surprised to learn that they’re not able to take many steps in dealing with their relative or friend’s assets until they are officially appointed to act by the Probate court in a document called a Grant of Letters of Administration.

Trusted Legal Partners

Understanding these rules and the tasks which you can and can’t deal with can be a minefield at a time when you’re already dealing with your grief. We can take away some of the pressure of the legal requirements by guiding you through the steps, so that together we can deal with everything as smoothly as possible.

What we can help you with

We advise on:

  • who inherits where there is no Will
  • the administration of simple and complex estates
  • the steps needed to obtain a Grant of Letters of Administration
  • the reliefs and exemptions available from Inheritance Tax on death
  • post-death tax planning, including the use of deeds of variation

When someone you love dies without a Will, it can feel quite overwhelming. Contact us today to see how we can help you.

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