Why You Should Know What The 'Intestacy Rules' Are And How They Affect You
The intention of this guide is to provide information on what precisely "intestacy" is, what the "intestacy rules" are, and exactly how to handle a situation where someone dies without leaving a Will.
So, just what is meant by the term 'intestacy'?
Intestacy means that a person has died without leaving a Will, or the Will of the deceased is invalid, e.g. it was not witnessed or the Will was revoked prior to death.
Just what takes place where there is an intestacy situation?
If a person passes away without a Will it means the intestacy law sets out who could handle the deceased person's money, possessions as well as their house (their "estate"), and whom receives what from the estate.
Who must handle the deceased person's estate where there isn't a Will?
The legislation sets out a 'pecking order' who should manage a deceased individual's estate where there is no Will. The order is:
1. The husband, wife or registered civil partner of the deceased individual. Please note this does not include unmarried/common law partners. 2. Children of the deceased individual. 3. 'Grandchildren. 4. The parents of the deceased. 5. The brothers and sisters of the whole blood (they have both parents in common) of the deceased. 6. The children of brothers and sisters of the whole blood of the deceased (i.e. nieces/nephews). 7. The brothers and sisters of the half blood (they have just one parent in common) of the deceased. 8. The children of brothers and sisters of the half blood of the deceased. 9. The grandparents of the deceased. 10. The uncles and aunts of the whole blood of the deceased. 11. Children of uncles and aunts of the whole blood of the deceased (i.e. cousins). 12. The uncles and aunts of the half blood of the deceased. 13. Children of uncles and aunts of the half blood of the deceased.
Who inherits from the estate?
The intestacy rules state who inherits what from the deceased person's estate. It is important that the deceased person's money and assets are distributed in accordance with the Intestacy Rules. To do otherwise would be a breach of the law. A brief overview of the order of priority of the Intestacy Rules is as follows:
1. The husband, wife or registered civil partner of the deceased (but NOT their unmarried partner or 'common law' partner). 2. The deceased's children (or grandchildren where the child has already died). 3. The deceased's parents. 4. The deceased's brothers or sisters (or their descendants if they have already died). 5. The deceased's half brothers or sisters, (or their descendants if they have already died). 6. The deceased's grandparents. 7. The deceased's Uncles & Aunts, (or their descendants if they have already died).
What is required to deal with the deceased individual's money, property and possessions?
If the deceased person owned assets in their own name worth more than £5000, the next of kin will need to obtain something called a grant of 'Letters of Administration', which is arranged through the Probate Registry. The title is slightly misleading in that a grant of Letters of Administration is actually a court order rather than "letters" in the common use of the word.
A grant of Letters of Administration is not required to deal with any jointly owned assets, for example a joint bank account.
Letters of Administration can be obtained directly by the next of kin by completing the probate forms and applying directly to the Probate Registry. It isn't necessary to use a solicitor, unless the deceased person's estate is complicated or of a very high value.
About the Author
Philip Weston is a legal advisor who helps consumers deal with the loss of a loved one. His best selling DIY Probate Pack has helped thousands of consumers obtain letters of administration without the need for a solicitor. To find out how to deal with the intestacy rules and obtain letters of administration quickly and easily without spending a fortune on solicitors fees visit http://www.diyprobateforms.co.uk/letters-of-administration-long/
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