A way, when there's no will...
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Intestacy Solicitors & No Will Probate
Are you trying to sort out the assets belonging to someone who has died without leaving a will?
‘No Will Probate’ or Intestacy Probate, is a very common situation, as only around one third of people in the UK have written a Will.
But don’t worry, there are clear guidelines in law to determine who is entitled to a share of someone’s assets (property, possessions and money) if they die without making a will.
If someone dies without a will, their estate becomes subject to the rules of intestacy. Under these rules only married or civil partners and sometimes specific close relatives can inherit from the estate.
With the expertise and specialism that is fundamental to this area of law, Clifford Johnston & Co. can provide in depth legal advice on intestacy and its effect on any inheritance so contact us today on 0161 975 1900.
Anyone that dies without a valid will is known as an intestate person, and the rules of intestacy will determine how their assets must be shared out.
If you are married or in a civil partnership but have no children you will inherit all personal items and the entire proceeds of the estate of your deceased spouse of civil partner.
If you are married or in a civil partnership and have children you will receive everything in the estate of your deceased spouse including personal possessions up to the first £250,000. Anything over and above the £250,000 threshold is then divided between the spouse or civil partner (known as the residuary estate) and the children. For any children under the age of 18, the money will be held in a trust.
If the deceased was not married or in a civil partnership , the estate will pass in order of priority to:
- Children or grandchildren
- Siblings or their children
- Half siblings or their children
- Aunts and uncles or their children
- Half aunts and uncles or their children
- If there are no surviving relatives, your estate will pass to the Crown.
Exceptions to Intestacy Rules
The following exceptions to these intestacy rules are also strictly adhered to if there is no will:
- Any property, bank account or business interest that is held jointly with another party will automatically pass to the surviving owner(s).
- A named beneficiary on a life insurance policy or pension scheme will receive those funds.
- Any money held in trust, will pass to the person(s) named in the legal documentation known as the trust instrument.
It is also possible to alter the way an estate is divided when there is no will as long as all the people who would inherit under the rules of intestacy agree. This is known as making a deed of family arrangement or variation and must be done within two years of the death.
How can we help when an estate is Intestate?
Dealing with an estate where there is no will, known as Intestate Probate can be time-consuming and challenging, particularly in complex cases including where:
- There are trust funds involved.
- A family home has to be sold in order for the assets to be divided between beneficiaries.
- Complicated family relationships mean that distributing the estate according to the rules of intestacy are difficult.
- A deed of family arrangement is required.
- A claim needs to be made on behalf of step-children or unmarried partners, who are not recognised by the rules of intestacy.
- If the deceased was separated but not formally divorced and their previous partner has a claim on the estate according to the roles of intestacy.
The role of an estate administrator, where there is no will, can be demanding and stressful particularly as they can be held liable for any financial loss made due to an oversight or error.
At Clifford Johnson & Co. we aim to take away the burden and responsibility, at what is an already difficult time. We aim to relieve the level of emotional stress you are under and can effectively and efficiently administer the estate on your behalf, taking on both the responsibility and liability involved. We will liaise with all the relevant agencies including HMRC and the local authority, continually keeping you updated on our progress.
Contact Our Expert No Will Probate Solicitors Today
The specialist team at Clifford Johnston & Co. has a wealth of experience in the administration of intestate estates and can help you deal with everything as quickly and efficiently as possible. Our friendly and experienced solicitors will deal with your case sensitively and with understanding so that you can rest assured that the estate of your loved one will be handled with care.
With over 35 years of experience providing legal advice across a wide range of services and sectors we are a leading law firm in Stockport and Manchester providing professional Wills and Probate Services from our offices in Heaton Moor and Burnage.
We are proud of the No Will Probate Services we provide and the positive difference we make for our clients. Our experienced Intestacy Lawyers are experts in their fields.
Call today or complete the enquiry form and we will get back in touch with you quickly. We will always respond promptly, and we will be happy to help.
We build lasting relationships with our clients. Most of our work comes from existing clients, referrals and recommendations.
Clifford Johnston & Co. have long been recognised for our expertise in the administration of estates for high net worth individuals and business owners. Our Wills Solicitors in Manchester act regularly for clients from across the North West and Cheshire including Altrincham, Hale, Alderley Edge, Wilmslow and Knutsford.
As recognised experts in Wills, Probate and Trusts we can support your needs wherever you live in England, Wales & Northern Ireland.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.