Intestacy Rules

If a person dies without making a Will they are what is known as “intestate”.

The law provides a set of rules for how a person’s estate should be divided up if they die without a Will and we can advise you on these rules.

If you are not sure about exactly what family the person who died had, then we can work with genealogists to make the necessary enquiries so that you can be quite sure the estate is distributed in the proper way.

Where there is an intestacy, instead of obtaining a Grant of Probate the person entitled has to apply for a Grant of Letters of Administration. Unlike Probate where the authority of the Executors originally comes from the Will, the authority of an Administrator comes from the Grant of Letters of Administration.

Where there are several people who have an equal right to deal with the administration of the estate of somebody who has died, then it is the first person who applies for the Grant of Letters of Administration who becomes the person legally entitled to deal with it. For example, if a person dies leaving no husband or wife and four children, then any one or more of the children can apply for the Grant of Letters of Administration.

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