Intestacy Solicitors

Losing a loved one is always painful, but when they die without leaving a Will, the situation can become even more stressful and confusing. You may suddenly find yourself asking:

• Who inherits? 
• Who is responsible for managing the estate? 
• What happens to assets like the family home?

At Ringrose Law, our specialist intestacy solicitors can guide you through the process. We’ll explain your rights, help you navigate the intestacy rules, and deal with the estate fairly and efficiently.

What Is Intestacy?

Intestacy occurs when someone dies without leaving a valid Will. In these circumstances, their estate, meaning their money, property, and possessions, is distributed according to strict intestacy rules set out in UK law.

Common scenarios that lead to intestacy include:

• No Will was ever made.
• The Will is invalid due to mistakes in how it was signed or witnessed.
• The Will has been lost or destroyed.
• Only part of the estate is covered by a Will (known as partial intestacy).

The intestacy rules don’t always reflect what the deceased would have wanted. For example, unmarried partners and stepchildren have no automatic right to inherit. This can cause financial hardship and family disputes, which is why expert advice is so important.

When Does Intestacy Arise?

Unexpected Causes

Families are sometimes caught off guard because they believe a Will exists, only to discover it is invalid. This can happen if:

• The Will was not properly signed or witnessed.
• The Will was revoked by marriage.
• There are concerns about the person’s mental capacity when making the Will.

Unavoidable Situations

In other cases, intestacy is unavoidable. For example, children under 18 cannot legally make a Will. If they pass away, their estate will always fall under intestacy rules.

The Rules of Intestacy Explained

The intestacy rules set out exactly who inherits, in a strict order of priority:

1. Spouse or civil partner - usually inherits the bulk of the estate.
2. Children - inherit equally if there is no surviving spouse.
3. Other relatives - including parents, siblings, nieces, nephews, and more distant family.

Unmarried partners, stepchildren, and close friends are not entitled under intestacy. It doesn't matter how long-standing or important the relationship is.

It’s also important to note:

• Joint-owned property usually passes to the surviving co-owner.
• Assets with nominated beneficiaries (such as pensions or life insurance) fall outside intestacy.

Because family structures are often complex, disputes often arise.

What If There’s Only a Partial Will?

Sometimes a Will covers only part of the estate, like certain assets or gifts. But the Will doesn’t deal with everything. This is known as partial intestacy.

For example, someone may have written a Will leaving their house to their spouse. However, they failed to mention their savings or investments. Those assets would then be distributed under intestacy rules, creating a divided estate.

Our solicitors can guide you through these mixed situations and ensure the estate is properly managed.

What Happens After a Loved One Dies Intestate?

When someone dies intestate, you can't deal with their estate until the court grants authority to an administrator. This process is different from probate.

Applying for a Grant of Letters of Administration

The person entitled to apply is usually the closest living relative  such as a spouse, child, or parent. They must be over 18 and capable of managing the estate. Once granted, the administrator has the legal power to collect assets, pay debts, and distribute what’s left.

Responsibilities of an Administrator

An administrator must:

• Identify and value all assets.
• Pay debts, taxes, and funeral expenses.
• Distribute the estate according to intestacy rules.

This can be a daunting and complex task, especially when emotions are running high. Our team can take on the legal burden for you, giving you peace of mind.

How Our Intestacy Solicitors Can Help You

At Ringrose Law, we’ve helped countless families through the difficulties of intestacy. We combine legal expertise with a supportive approach, guiding you every step of the way.

Identifying and Tracing Beneficiaries

Where:

1. The family tree is complicated, or
2. Relatives are missing

We work with professional genealogists to locate heirs and confirm entitlements.

Managing Estate Administration and Tax

We handle all paperwork, liaise with banks, and make sure you meet all tax obligations. This avoids delays and reduces the risk of mistakes.

Preparing a Deed of Variation

If all beneficiaries agree, we can prepare a Deed of Variation to change how an estate is distributed. This is often used to provide for unmarried partners, stepchildren, or to reduce tax liabilities.

Resolving Disputes and Contested Estates

Family disagreements are common in intestacy cases. Our solicitors can provide practical solutions. Where necessary, we can provide strong representation in court to protect your rights.

Why Choose Ringrose Law for Intestacy Matters?

Choosing the right solicitor can make all the difference during such a challenging time. At Ringrose Law, we offer:

• Tailored advice - to fit your family’s unique situation.
• Decades of experience - in intestacy, probate, and estate disputes.
• A compassionate approach - we understand the emotional toll and aim to ease the burden wherever possible.

We’ve guided hundreds of families through intestacy with professionalism and empathy. Let us do the same for you.