Dying Without a Will (Intestacy)

Dealing with the death of a loved one is never easy. But where they have not left behind a valid Will, the rules of intestacy will be used, which may not fully reflect the deceased’s wishes, causing potential conflict. Our contentious probate solicitors are here to support you in these situations with practical support and advice.

At Tinsdills Solicitors, our team have substantial expertise in handling a wide range of legal disputes. Where there is a disagreement relating to intestacy, we can be by your side to provide hands-on support designed to help secure a positive outcome as efficiently as possible.

We have strong negotiation skills, which we put to good use to resolve disputes amicably, wherever possible. If court proceedings are necessary, then we will support you throughout this process by providing expert, robust representation throughout.

In order to prevent having to deal with intestacy in the first instance, it is imperative to seek expert legal advice when creating or amending a Will or dealing with any other type of lifetime planning matter. In addition to having expertise with contested probate, our team can also support you with various other matters, including:

To discuss contesting probate where there is no Will with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.

Our Expertise with Contesting Will Challenges Under Intestacy Rules

Bringing and Defending an Inheritance Act Claim

If there is no valid Will, and the rules of intestacy are used, this may mean that you will be excluded from inheriting anything from the deceased’s estate. This can be very difficult to deal with, especially if you were previously financially dependent on the deceased.

In these situations, it may be possible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Our contentious probate solicitors can support you if you have failed to inherit due to the rules of intestacy, helping you to claim for reasonable financial provision from the estate. Similarly, we can also advise defendants in relation to 1975 Act claims, ensuring you have the advice and support necessary to find a positive resolution.

Resolving Disputes Over Who Administers the Estate

Where someone has died without a valid Will, and the rules of intestacy are used, disagreements over how the estate should be administered and who should administer the estate are common.

No one has immediate authority to act as the personal representative where there is no Will. An application needs to be made to the Probate Registry for a grant of letters of administration. This could create conflict where more than one person intends to make said application.

While there is an order of priority under the rules of intestacy, there could be disagreements between relatives with the same privileges (for example, siblings). Our contentious probate solicitors can help to find resolutions to such disputes, allowing for the estate to be executed as efficiently as possible.

Challenging the Validity of a Will

If you have been omitted from a Will altogether, which means you will not inherit, this can be a huge challenge. This is especially if you are due to inherit under the rules of intestacy.

If there is scope to do so, our contentious probate solicitors can work with you to assess the validity of the Will and raise any relevant challenges if there are any issues. If the Will cannot be considered valid following a challenge, a previously valid Will is instead used, or the rules of intestacy where there is no other valid Will.

To find out more about this, please visit our contested Wills page.

Meet our Dedicated Contentious Probate Team

Legal & Commercial Director

Paul Woolliscroft

Paul is a litigation Solicitor, Legal & Commercial Director and Head of the Litigation…

Senior Associate

Jason Washington

Jason is a Senior Associate and advises both businesses and individuals in resolving disputes….

Legal Executive (FCILEx)

Shannan Sutton

Shannan is a Chartered Legal Executive who specialises in civil matters for the department,…

Get In Touch With Our Contentious Probate Solicitors Today

Do you want to discuss contesting probate where there is no Will? We have expertise in this area and more.

With a dedicated team on hand to take you through every necessary step, you can be certain that we will provide you with the best chance of getting the outcome you deserve.

To arrange an appointment with one of our expert contentious probate solicitors in
Hanley,
Leek,
Newcastle-Under-Lyme, or Sandbach,
please call 01782 652300 or use the enquiry form on the right hand side of the page.

Intestacy FAQs

What do the Rules of Intestacy Say?

When someone dies without leaving behind a valid Will, they are said to die ‘intestate’. The rules of intestacy govern who will then have the right to inherit from the deceased’s estate.

Spouses and children take priority under the rules of intestacy. All of the deceased’s property passes onto their spouse, as well as the first £250,000 of the estate. The remainder is then split between the spouse, with the other half being evenly divided between the children.

If there is no surviving partner, the children will inherit the estate. Other family members will only inherit where there is no spouse or children.

The rules of intestacy make no provision for unmarried partners, meaning a surviving partner will not automatically inherit any of the property and possessions owned in the sole name of the deceased.

Who Can Claim Under the Inheritance Act 1975?

Under the Inheritance Act 1975, only people who fall into certain categories can make a claim:

A spouse or civil partner
A former spouse or civil partner (as long as they have not remarried/entered into a new civil partnership)
A person who was living with the deceased as if they were a spouse or civil partner for at least 2 years prior to death
A child of the deceased
A person who was treated as a child by the deceased
Any other person who was being financially maintained by the deceased immediately before their death

Are There Time Limits for Inheritance Act Claims?

If you wish to bring an Inheritance Act claim, it must be issued at court within 6 months of the grant of probate (or the grant of letters of administration).