Dying Intestate

What does this mean? Dying intestate simply means that someone died leaving no valid will. If this occurs the estate does not get automatically taken by the government as some believe. Although this could happen, it only occurs when no family come forward, and even then before the government take the estate they do publish the details of the death on a list called the Bona Vacantia List (which means Vacant Goods). The name of the deceased will remain on the Bona Vacantia List for thirty years. During which time genealogists around the country will try to locate the closest member of the family.

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Dying intestate - The myth Expelled.

Now we have expelled the myth that when dying intestate the government take all of the money we can tell you what really happens. Governments over the years have created a set of Rules that now apply, these rules are referred to as the Intestacy Rules. The Intestacy Rules are quite extensive but they detail who receives any estate and who can deal with administration of the estate. Usually this would be a spouse or civil partner, if none adult children, then parents. Call us if you are affected by someone dying intestate to see if we can assist.

Dying Intestate and Probate

When dying intestate occurs assets may need to be dealt with, the closest member of the family as dictated by the Rules of Intestacy, will need to step forward to be the Personal Representative. This person would need to contact all the financial institutions the deceased had dealings with in life i.e banks, pension companies, life insurance companies etc.. to find out the value of any assets they hold. This is known as the probate administration period. This is where our service can help. We offer a guaranteed fixed fee for dealing with all of this. When a close family member is confronted with this, the rules of intestacy and probate and on top of that trying to deal with the emotional aspect of dealing with their loss it can be quite a traumatic time. Call us!

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Probate or Letters of Administration

The banks and financial institutions that are holding estate money will tell the person who is dealing with the affairs what they need in order to release any money they hold. This could simply be a case of handing over a copy of a death certificate. If they are holding more than £5,000 they have a right to ask for Probate. Some companies do have a higher threshold, no institution will release more than £30,000 as far as we are aware. If the deceased owned a property then it is guaranteed that probate will be required. When dying intestate, the probate that your personal representative would apply for would be known as "Letters of Administration".

So Letters of Administration is basically Probate where there is no will because someone died intestate and the intestacy rules now apply. Call us if you need to obtain Letters of Administration to see if we can assist.

Why do I need help with Letters of Administration

An application for probate where intestacy applies is more often than not more problematic because the personal representative does not follow the deceased persons wishes, you have to follow the rules of intestacy. If you are not familiar with the rules then something may go wrong. The personal representative i.e the person that came forward to deal with the affairs of the deceased may become personally liable for mistakes. Call our estate team for help.

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Dying Intestate - The conclusion

When Letters of Administration are required, the probate application must be accompanied by an Inland Revenue account of the deceased persons assets. If the value of the deceased's assets exceeds £325,000 inheritance tax may apply, hence why the government need the inland revenue forms to be submitted. Even when no inheritance tax applies forms still need to be submitted showing that there is not tax to pay. As mentioned above when you are trying to deal with the emotional strain of losing someone close dealing with inland revenue forms is never easy. Hence why our probate team are on hand to assist, we offer a guaranteed fixed fee for dealing with an estate. Rest assured you need not pay us any money in advance. Call us to see if we can assist.

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