Dying Without a Will
If someone dies without leaving a Will (which is known as ‘dying intestate’) then an already distressing time can become even more complicated.
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If someone dies without leaving a Will (which is known as ‘dying intestate’) then an already distressing time can become even more complicated.
To proceed with the administration of the estate (distribute assets and pay debts etc), as we mention in our legal need to know guide – What is Probate, a relative or other eligible person must apply for a grant of letters of administration. However, there is a strict order of eligibility for this.
The order of eligibility is as follows:
But we understand that, even with this grant, it can be distressing to realise that your loved one’s death has left you with unanswered questions. To help you understand this better, we have explained some of the possible scenarios here:
when you die it will depend on the value of your estate as to how matters are handled:-
"Thank you to Andrew for all the time, effort and informed common sense you provided. Above everything, it contributed to a significant reduction of panic attacks, hissy fits and throwing in of towels and our prospective buyer shares my relief and gratitude."
“Laura’s knowledge was excellent. She is extremely credible and took time to explain things to us in a patient and clear manner without being patronizing.”
"Clare was friendly and approachable and always returned my calls if she was not available when I phoned her - this made the procedure less stressful at a grief stricken time."
"Alison was very helpful & approachable. She was able to give us useful advice for now and the future. We would be very happy to deal with her again."
"I found Sarah Woodward very understanding and helpful. She made an emotional & difficult task for me, much easier."
your partner will not be automatically entitled to any of your assets when you die, no matter how long you have been together. Neither will they be entitled to apply for the grant of letters of administration, to manage the probate process. Another person from the order of eligibility above will instead be entitled to receive the assets in the estate and to make the application to manage the probate process. This will also apply if you die without a partner, as follows:-
If you are not happy with how your loved one’s estate has been managed or divided up you can consider disputing the outcomes. For help and advice talk to one of our probate dispute specialists.
For more information on the probate process or to make a Will please talk to a member of our Wills, Probate and Mental Capacity team or contact any of our offices to make a free initial appointment.
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