The Intestacy Rules Explained Dying with No will
Unfortunately, over 80% of the population don’t have a will. If you die without a will, this means that your assets will be distributed in accordance with the Intestacy Rules, which set out a series of rules that determine who inherits after someone dies without a will.
Understanding the terminology can be confusing, and as such the two key differences in the probate process is that the person administering an Estate is known as the Administrator ( as opposed to an executor ) while the legal document issued to the Administrator is called a Grant of letters of Administration as opposed to a Grant of probate when there is a will.
You can view the intestacy rules by clicking here »
Most common Intestacy questions :-
Death of a Husband or Wife leaving Surviving Spouse
The first question on the death of a married person is the value of the estate and the nature of the surviving other relatives.
If the estate is valued at under £250,000 surviving spouse inherits entire estate.
If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the surviving spouse inherits all personal effects, first £250,000 of the estate, an a life interest in half of the remaining estate.
If the estate is worth more than £450,000, there are no surviving children, grandchildren or great-grandchildren, but there are surviving parents, the partner will inherit all the personal effects, first £450,000 and one-half of the remaining estate.
Father or Mother Die without a will
If there are surviving children, the estate passes in equal share to the surviving children in equal. Any of the children may apply for probate.
The Intestacy rules are unfortunately quite complex, and as such we always recommend that you seek legal help when administer
Unsure as to what happens when there is no will? we can help
Contact us now on 0845 568 4000.
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Richard Spencer
13:32 21 Dec 21
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07:44 12 Oct 21
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09:23 27 Sep 21
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15:10 16 Jan 21
I'm writing this without being prompted as I have been so impressed with the probate service from TM Solicitors. From my first phone call through to the final estate accounts and distribution,... Suzanne Underwood has been so helpful. I found them via a Google search and called on the strength of Google reviews. Their fees are very reasonable and they only take them at the very end even if that's many months away, so no stress there. And as I have just discovered, they remain helpful and proactive even after they have been paid and everything has been officially concluded. My family and I are very grateful.read more
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Living the other side of the world in Australia having to sort out a loved ones estate is a daunting thought to say the least., add into that the Covid virus and having to reseal an overseas probate... in the UK probably tops most things you have to do when it comes to life admin.All I can say is TM Solicitors and in particular Rebecca Sidebottom were outstanding - nothing was too much to ask and everything was dealt with very professionally.I am not one to shout about how well someone has performed in a public forum - but I felt I had to this time. The whole process was painless and worth every penny.If you need legal services and are concerned about using an online legal firm, don't be if you are using TM Solicitors I don't think you have anything to worry about.Onwards & Upwards. Phil & Kathrynread more
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14:52 06 Feb 19
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