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When a loved one dies without leaving a will you may have many questions as to what should happen to their estate and who is responsible for dealing with such matters. Unfortunately, this means that the deceased died intestate, and so their estate is subject to the Intestacy rules.
Poole Alcock’s specialist Probate solicitors are available to support you by delivering expert legal assistance to seek resolution for your loved one’s estate.
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Distributing an estate when no Will has been left
Intestacy rules apply when a loved one dies without leaving a will or if a will has been deemed invalid. Partial intestacy may also occur where the deceased did leave a will, but it does not dispose of their full estate. In any of these situations, this can create a great deal of uncertainty as to who is entitled to an estate and who has the authority to manage it at an already difficult time.
The death of a loved one in these circumstances can also create ambiguity regarding ownership of the matrimonial home, which may not pass automatically to the surviving spouse. You may be unclear as to what assets or debts are due to the estate, and making enquiries for this can be an onerous and lengthy task.
Fortunately, you are not alone in this situation. Our specialist Probate team at Poole Alcock are on hand to support you through the process, answering any questions with regards to Intestacy Rules and ensuring your loved one’s estate is distributed appropriately.
Intestacy Rules explained
Under the Intestacy Rules, if you are the surviving spouse or civil partner, you primarily have priority, but entitlement can be uncertain and dependent on other factors. This could include whether your loved one left surviving children, parents, brothers or sisters.
The rules detail a hierarchy of who should inherit in the first instance and, if that person should not survive, the next relative down will inherit. We can help you to navigate through the appropriate rules and discover who is entitled in the first instance, and exactly what they are entitled to.
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How can Poole Alcock provide legal support with Intestacy?
If you find that you are entitled to a loved one’s estate, you could be responsible for distributing a large amount of money.
We can alleviate you of this important responsibility that is attached to the role of Administrator to the estate. We will manage essential tasks such as obtaining a Grant from the court to enable monies to be collected and ensuring any liabilities to the estate are paid.
As next of kin to the deceased, you may wish not to be burdened with such matters. Poole Alcock can relieve you of these responsibilities and ensure matters are dealt with according to Intestacy rules.
The only way to avoid Intestacy Rules applying to your estate following your passing is to have a correctly drafted will in place.
Specialist Will solicitors will be able to guide you through this process to ensure your will is accurately and compliantly drafted.
Intestacy Rules themselves cannot be challenged, however, certain people are entitled to make an application to the Court for redistribution if an estate’s distribution has not made reasonable financial provision for them.
Not everybody can apply, however. Those who can make an application are:
Only relatives listed below can inherit an estate:
Friends of the deceased and charities cannot inherit an estate under Intestacy Rules.
There are many people who could be entitled to an Intestate estate depending on the deceased’s circumstances.
If the estate is worth up to £322,000, a husband, wife or civil partner with receive the entire estate.
If the estate is worth over £322,000, a husband, wife or civil partner will receive up to £322,000 in assets and half of the rest of the estate, including all personal possessions of the deceased. Children of the deceased are entitled to the remaining half of the estate, divided equally between them.
Should any children have died before the deceased, their children (grandchildren of the deceased) will inherit in their place.
If there is no spouse, children or grandchildren, the estate will be distributed in the following order:
If none of the above relatives survive the deceased, the estate will go to the Crown.
If a will is made, the deceased’s estate will be distributed as per the terms set out in the will. However, when no will has been made, the deceased’s estate will be distributed as per Intestacy Rules, set out in the Inheritance and Trustees’ Power Act (2014).
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If you would like to book a consultation to discuss intestacy, please complete the contact form below. If you prefer to speak on the phone, please do not hesitate to call us for free on 01270 625478.