Grant of Letters of Administration
If someone dies without leaving a will, they will have died Intestate. This means that the Deceased persons assets will be subject to what are known as the Intestacy Rules, that set out who is entitled to Administer the estate and who is entitled to the estate assets. the estate.
A Summary of what happens when there is no will
Dealing with an Intestate estate without a will, can be complex and it is always sensible to ensure legal advice is obtained. A full overview of the Intestacy rules can be seen by clicking here, however set out below are the most common cases we are asked about when someone has died without a will.
Husband or Wife diedwithout a will
If the estate is under £250,000 the entirety of the assets pass to the surviving spouse. If there are children and the estate is more than £250,000 it is more complicated, as the spouse gets the first £250,000 and a life interest in half the residue. Children or their issue get half of the residue at age 18, the children would receive the other half of the residue in which teh spouse has life interest upon the death of the spouse.
Mother died without a will
If there is a surviving Husband ( see above ) if the Husband has predeased, then assets pass in equal share to children. If there are no children, order of entitlement is parents, sisters/brothers, grandparents, uncles and aunts of the whole blood, and then uncles and aunts of the half blood
Dad died without a will
If there is a surviving wife ( see above ) if the wife predeceased, then assets pass in equal share to children. If there are no children, order of entitlement is parents, sisters/brothers, grandparents, and then uncles and aunts of the whole blood, and then uncles and aunts of the half blood
What document is issued by the probate registry ? to administer the estate ?
The person administering the estate according to the Intestacy, will apply to the probate for a legal document called a Grant of Letters of administration. This can be applied by any one of the persons entitled.
The person applying for the letters of administration is known as the Administrator.