Dying Without a Will (Intestacy)
Our expertise with contested probate matters also includes:
Fill in the contact form and we will get back to you shortly.
Get on contact and we will arrange a no-obligation callback at a time to suit you.
1
2
3
I consent to Tinsdills contacting me via:
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 has substantial expertise in handling various 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 favourable outcome as efficiently as possible.
We have strong negotiation skills, which we use to resolve disputes amicably wherever possible. If court proceedings are necessary, we will support you 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.
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.
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, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be possible.
Our contentious probate solicitors can support you if you have failed to inherit due to the intestacy rules, helping you claim for reasonable financial provision from the estate. Similarly, we can advise defendants about 1975 Act claims, ensuring you have the advice and support necessary for 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 it 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, disagreements between relatives with the same privileges (for example, siblings) could arise. Our contentious probate solicitors can help resolve such disputes, allowing the estate to be executed as efficiently as possible.
Challenging the Validity of a Will
This can be a massive challenge if you have been omitted from a Will, which means you will not inherit. This is especially true 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.
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 intestacy rules govern who can inherit from the deceased’s estate.
Spouses and children take priority under the rules of intestacy. All of the deceased’s property and the first £250,000 of the estate passes onto their spouse. The remainder is then split between the spouse, and the other half is 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 do not provide 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 specific 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 two years before 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 six months of the grant of probate (or the grant of letters of administration).
Why Tinsdills is the legal team for you
Ranked top 10 out of more than 11,500 solicitor firms in the UK.
Would recommend to friends and family
Satisfied with outcome of matter
Meet The Team
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 guide you through every necessary step, you can be certain that we will give you the best chance of getting the outcome you deserve.
To arrange an appointment with one of our contentious probate solicitors in
Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call