If a person dies without leaving a valid will, their estate is distributed in accordance with the rules of intestacy.
In some cases, a partial intestacy arises where a deceased person’s estate is not fully disposed of by their will.
Contact our Intestacy Team at Taylor Emmet Solicitors
Our trusted team will guide you through the process to ensure an efficient service and get you your desired results.
Dealing with the Estate
When a person dies without a valid will, this can create problems for those who are left with the responsibility for the estate. Many problems can arise such as locating next of kin, managing claims against the estate, failing to pay creditors or missing tax deadlines.
This can be a time-consuming, emotional, and costly process. In some cases, this can even result in personal liability for those administering the estate. It is therefore very important to consider seeking professional advice.
Our specialist Inheritance Tracing team work with you to provide you with the most up-to-date legal advice and will give you a high-quality, straightforward and efficient service.
Case Study: Complex Intestacy, empty property and recovery of unclaimed assets
Mr C died at his home address in February 2017 and the cause of death was unknown. Unfortunately, Mr C had been suffering from mental health problems for a number of years and he had lost all contact with his family.
After identifying all the assets and liabilities of the estate, we settled the inheritance tax due to HMRC and obtained letters of administration. This allowed us to obtain an order for possession of the property so that we could remove the unlawful occupiers and arrange a sale.
This case was an excellent result for the beneficiaries of the estate and also for the local authority, who were glad to see the property subsequently renovated to its former glory and put back in to use.
How can Taylor Emmet help
- We can identify who is entitled to the estate, with specialist expertise in dealing with complex family trees. We work with genealogists to locate unknown or missing beneficiaries and identify full maternal and paternal family trees.
- We can help obtain missing beneficiary insurance and, where appropriate, apply for a Court order in cases involving missing beneficiaries.
- We can obtain a grant of representation and distribute the estate in accordance with the rules of intestacy.
- We can help apply for a declaration of presumed death under the Presumption of Death Act 2013 in cases involving missing persons.
- We can help identify all assets and liabilities of the estate, even in cases where limited information is held about the financial affairs of the deceased. Our specialist investigative skills and techniques have helped us repatriate unclaimed assets worth several million pounds to their rightful beneficiaries.
Blog: The Impact of Adoption on Inheritance
Under existing intestacy laws, biological children automatically inherit from a deceased parent who dies without leaving a surviving spouse or civil partner. Even if a parent dies without a will leaving a surviving spouse or civil partner, the biological children are typically entitled to share the estate alongside the surviving spouse or civil partner according to fixed amounts subject to the size of the estate.
More Information
Intestacy – who inherits if someone dies without a will? – Gov.co.uk
