Losing a loved one is traumatic enough but for thousands of people every year this trauma is followed by the discovery that your loved one did not have a Will.

For many who find themselves in this situation the immediate question is where to start, and what to do? 

Firstly you need to establish if there ever was a Will, has it simply been lost?  If so it may be possible to reconstruct it from copies or even the notes used to draw it up.  This can be very complex to do but not impossible.

If there is no Will, or the last Will was revoked then the Law of Intestacy applies.  It decides who will inherit what.  This can be quite complex but there is an online walk through provided by the Government that will help you: https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales

The closest living relative will also have to apply for Letters of Administration (The equivalent of Probate but for estates where there is no Will).  Establishing the closest living relative is often straight forward, normally it is the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).  However if none of these exist or have not survived the deceased it can be more problematic, again the Government online walk through can assist.

Once it has been established who the closest living relative is and who should inherit what the estate must be valued and any Inheritance Tax paid, then Letters of Administration (The equivalent of Probate but for estates where there is no Will) can be applied for.

Many couples who are married or in civil partnerships own their property as Joint Tenants.  Where this is the case, and where accounts are held on a joint basis the surviving partner will automatically inherit the other partner's share.  Only remaining assets will fall to intestacy. 

Where properties are held on a Tenants in Common basis then the deceased partners share will fall to intestacy, so it is important to establish the basis property is owned.

It is important to stress that co-habiting partners who are not married or in a Civil Partnership, cannot inherit under intestacy.  They may be able to apply to the Courts for provision to be made for them but this can be a drawn out and costly process, especially if contested by those who have benefited under the intestacy rules.

The team at Wildcat Law can assist you at all stages.  We understand that Intestacy proceedings can be some of the most emotionally complex legal situations any person can go through.  This is especially so when estranged family members are involved.  We have found that bringing in an independent specialist to administer the estate can reduce the emotional toll on individuals.  It also helps to minimise friction and arguments regarding the valuation and subsequent division of assets.

If you need help with an Estate contact us today to see how we can help.