If someone is deemed to have died intestate, it means that they did not have a valid Will in place. This means that the intestacy rules are applied to the estate. These rules outline who has the authority to administer the estate and who and in what proportions, the estate will be inherited.
The intestacy rules state that the closest living relatives of the deceased can administer and inherit. Sometimes these people were not known to the deceased. It is only if no living relatives can be found that the estate passes in its entirety to the Crown.
It can be daunting administering an intestate estate and frequently disputes can arise. Our team of experienced specialist lawyers can guide you through the process.
How does the process work/what are the steps?
The initial stage is to ascertain the size of the deceased’s estate and consider whether any inheritance tax is payable. We shall then apply for a Grant of Probate or Letters of Administration from the Probate Registry.
Once the deceased’s debts and liabilities have been discharged, distribution of the assets can be made to the beneficiaries of the estate.
How long is the legal process when writing a Will?
The time required to deal with the administration of an estate will depend upon its complexity and whether there is any property which needs to be sold. A simple estate can take a few weeks to administer, whereas a complex estate will take longer.
Is it expensive?
We can either work on a fixed fee basis or on an hourly rate plus the value of the estate. We will discuss with our clients at the outset what our estimated fees are likely to be. Please feel free to contact us for a quotation.
What are the things people should consider before calling?
If you wish to instruct us to assist in the administration of an estate, we would ask you to provide us with the following documentation/information at the outset:
- A copy of the Will (if there is one).
- A copy of the death certificate.
- A fair idea of the deceased’s assets and liabilities.
Why are Grant Saw the best people for the job?
We are the largest private client department in the local area and have a number of dedicated specialists in the team. As a department, we pride ourselves on providing excellent client service, with a friendly and approachable manner and we are frequently instructed by new clients based on recommendations received from our existing clients. We also hold the Law society accreditation for excellence in Wills and Probate, known as WIQS (Wills and Inheritance Quality Scheme), as well as having members of Solicitors for the Elderly and STEP in the team. These are all demonstrative of the expertise and dedication our lawyers have in making sure our clients receive the best advice possible.