Probate - Not Leaving a Will Leaves Relatives in a Mess

There are many reasons why you may find, on the death of a loved one, that they have left no will. They may have no assets to leave, or may have not bothered and left it until it was too late. No matter how much you leave behind, the bequest of sentimental items, such as a watch, ring or other family item, should be carefully considered.

If someone dies without making a will (ie they die intestate), their representative is chosen first from the surviving spouse or civil partner, but not common law partner, then to their children, if aged 18 or over. This is also the order in which surviving relatives will be considered when it comes to inheritance of the deceased person's estate.

This is a serious undertaking, just as acting as executor if the deceased person had left a will. The representative will be responsible for the funeral, any debts, obtaining the Grant of Representation from the Courts and any other matters arising from the person's death. Of course, this would all be impossible for one person to manage, especially at a time of bereavement. This is why it is essential to appoint specialist probate solicitors as soon as possible.

But providing a comprehensive probate service, your probate solicitors will take all the legal worries away, leaving the representative to concentrate on things that they can do themselves. There are Inheritance Tax and other tax issues to be sorted out, and many other official documents to be completed. There is so much more work to do if a person dies intestate, even if they think that they have very little to leave to the surviving family. What they will leave, if they do not leave a will, is a mountain of hassle and paperwork, which is why it is essential to make a will.

Even a simple form from the newsagents is considered a legal document, but a do-it-yourself probate service is never recommended. Consulting specialist probate solicitors will make things clearer before making a will so that your surviving family members are not left with headaches to add to their grief.

These days, marriage is in decline, and many couples live happily together for many years with no legal recognition of their partnership. When one of them dies, however, and they die intestate, the surviving partner is entitled to precisely nothing. This can easily be resolved by making a will. The surviving common law partner could easily challenge the estate for what they think is rightfully theirs, leading to acrimony. This is easily avoided by making a will.

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