Dying intestate simply means dying without a Will. If a person passes away without leaving a will the intestacy rules apply. This is the statutory law which dictates who will be responsible for administration and who the beneficiaries of the estate will be, in addition this same law outlines certain beneficiaries entitlements.
The Intestacy Rules determine who is the next of kin, normally the spouse or children of the deceased, this gives them the rights to apply for probate and a grant of letters of administration. For help with intestacy or an application for Letters of Administration call our estates team.
Dying Intestate - What Happens?
It can be a complex matter, the probate process can be a difficult, long, drawn-out affair. This is not ideal for anyone. As what happens is governed by statutory law, rather than based on the deceased's wishes, disputes are much more likely. For instance unless a bereaved partner was married to the deceased, they have no entitlement to the estate or to apply for probate, this right automatically passes to the children or parents. This can cause untold misery for anyone involved.
A caveat probate can be entered to prevent anyone applying for a letter of administration, which can delay the process for 6 months or more while disputes are resolved. No provisions have been made to lessen the inheritance tax liability of the estate either. Thiscan therefore leave beneficiaries subject to hefty 40% taxes on the estate.
Make a Will
In order to avoid dying intestate and the added distress it causes loved ones,it is always recommended to use a professional will writing service. Cases of partial intestate can also be difficult; this is where a will is not accepted by the probate court because it is badly written or a DIY document. IWC can make it easy for you; it needn't take more than an hour of your time. Our prices start at just £25 including VAT for online wills and £120 plus VAT for an advisor to visit you at your home. Call now
IWC offer a complete service to assist those having to handle the repercussions of a loved one dying intestate. We can help you through the whole process and deal with administrator duties on your behalf. Our flexible approach means you can have as little or as much input as you wish. Our coverage is Nationwide and we offer free no-obligation, telephone advice and appointments for your queries - Call 0800 612 6105.
More About IWC
Low Cost, Fixed fees - you know exactly how much from the outset, we operate a price promise policy and no upfront payment is necessary
Qualified - your work will be carried out by a full STEP member or Law degree qualified personnel
Fully Insured - and regulated by the Society of Will Writers & Estate Planning Practitioners
Probate Specialists - Using an expert is advantageous, the law is constantly changing, and as specialist will writers and probate experts; we are fully up-to-date.
Call us for more information- open until 10pm 7 days a week.
For help with Letters of Administration visit our specific page.