Sadly it is not uncommon for someone to die without a will – over 70% of the population don’t have one.
The Intestacy Rules
hat happens to the Deceased persons assets if there is no will ? well the starting point is to understand the legal terms that apply. Some dying without a will is known as having died Intestate, with their estate subject to what are known as as the Intestacy Rules – these are a set of rules that set out an order of entitlement as to who inherits the estate, and are as follows:-
- Spouse or registered civil partner (Common law partners are not entitled)
- Children or their issue
- Brothers and sisters of the whole blood or their issue
- Brothers and sisters of the half blood or their issue
- Uncles and Aunts of the whole blood or their issue
- Uncles and Aunts of the half blood or their issue
- The Crown.
The Grant of letters of administration
As there is no will, there are no Executors, with the estate administered by Administrator, who is typically the next of kin. An application is made to the probate registry for the issue of Grant of letters of administration instead of grant of probate when a will exists.
Great care should always be taken when dealing with an estate when there is no will, particularly if the estate is someone who maybe not the closest of relative as once the grant is issued the administrator is responsible for the estate administration. If you need help administering a deceased persons estate when there is no will, call us on 01482 429985.