If you have recently suffered the loss of a loved one please accept our sincere condolences. We have all lost someone close to us and understand what a stressful and painful time this is.
We understand that you may not be ready at this time to deal with the affairs of the deceased. When you are ready, you can be assured that we will be here to offer help and guide you through the procedures that are required to deal with someone’s estate.
If you:
• Are unsure what to do next or don’t know where to start.
• Are uncertain whether you want to deal with complicated and time consuming financial/legal procedures yourself.
• Have any questions or problems about how to deal with matters arising from the death of a loved one.
There is help at hand. Please telephone Phil or Steph during office hours or complete our enquiry form and we’ll contact you. You will get your questions answered by a legal expert, entirely without obligation.
No Will – the legal position
When someone dies leaving no Will, this creates a legal situation called ‘intestacy’ (basically the law decides who gets what and when). This situation can present a number of problems and potential pitfalls for the person responsible for sorting out the affairs of the deceased.
It is important the deceased’s money and property are dealt with according to the intestacy law, otherwise the person dealing with this can find themselves rectifying any errors out of their own pocket.
5 steps to take if someone dies leaving no Will
- Establish who the next of kin is. The next of kin has the right to deal with the deceased person’s finances and property etc where there is no Will. Find out who the next of kin is here: http://www.willsandprobateservice.co.uk/downloads/Identifying-the-next-of-kin.pdf
- Make a list of the deceased person’s assets and liabilities.
- Do the assets total more than £15,000? YES – A court order will be required to handle the deceased’s assets (they will be ‘frozen’ in the meantime). Phone our legal helpline or complete our enquiry form for further information and advice. NO – Write to the companies concerned (i.e. banks, building societies, insurers etc) to notify them of the death & they will explain how the money will be released).
- Identify any assets that are held jointly with someone else. Note that jointly owned assets usually pass to the surviving joint owner & the intestacy rules do not apply. Please contact our helpline for further information.
- Identify if someone may have a claim against the deceased estate, e.g. unmarried partners who were living together. If this is the case phone our legal helpline or complete our enquiry form for further information and advice.
Find out who inherits when there is no Will
If we die leaving no Will this creates a legal situation called ‘intestacy’. This means that the law of intestacy decides who inherits what.
Download details of who inherits if there is no will:
http://www.willsandprobateservice.co.uk/downloads/How-an-estate-is-distributed.pdf
How to resolve a deceased person’s estate where there is no Will
The following legal duties need completing when someone dies leaving no Will:
- Obtain the correct court order to deal with the deceased person’s assets;
- Obtain formal valuations of the deceased person’s estate;
- Complete Inland Revenue tax returns;
- Calculate and pay any tax due;
- Pay the deceased’s debts;
- Identify and deal with any potential claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
- Prepare estate accounts;
- Distribute the estate in accordance with the intestacy rules.
Important note – The person dealing with the estate is personally liable to pay for any errors out of their own pocket when dealing with the estate when there is no Will, for example errors in distributing the assets in accordance with the intestacy rules or underpaid tax.
If you do not feel as though you want to take on the complicated and time consuming legal procedures yourself there is an alternative. Our service makes life easier & less stressful for you. Simply hand over the paperwork to us and we’ll take care of the estate for you.
- Do you want Peace of mind knowing what needs to be done, when & by who?
- Would you like the weight lifting from your shoulders safe in the knowledge that you are “in the know” and aren’t personally liable?
- Would you like to remove stress & worry knowing that you won’t have to spend countless hours doing boring research, filling in tax returns, wasting time being kept on hold on the telephone, writing letters and attending court?
Find out more by contacting Phil or Steph today – either by phone or by completing our ‘contact us’ form.
Don’t just take our word for it – here’s what are customers say about our service.
‘Common Law’ partners and co-habitees
If you weren’t married or registered civil partners, you won’t automatically get a share of your partner’s estate if they don’t make a will.
If they haven’t provided for you in some other way, your only option is to make a claim against the estate. You can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Please phone our legal helpline or complete our enquiry form for further information and advice.
What to do if you have ‘missed out’ inheriting under the intestacy law
If you feel that you have not received ‘reasonable financial provision’ under the intestacy laws, you may be able to make a claim against the estate. Broadly, the categories of persons permitted to make claims against the estate of the deceased are:
- Surviving wife/husband/civil partner;
- A former wife or husband who has not remarried;
- A child of the deceased;
- Co-habitees of the deceased.
- Any person who, although was not the child of the deceased, was treated like a child of the family by the deceased (e.g. step-child);
- A person who immediately before the death of the deceased was being maintained, either whole or partly by the deceased.
There are certain criteria and conditions to meet and it is important to seek expert advice.
Please phone our legal helpline or complete our enquiry form for further information and advice.
7 reasons why 91% of our customers rate the quality of our service as “high” or “very high”:
1. No upfront costs. Why pay upfront broker fees of £300 – £400 & find yourself out of pocket? Cut out the middle man & come direct to the provider of the service. Our Fees are paid by the estate when sufficient funds are available.
2. Reasonable FIXED FEES. We do not set out to be the “cheapest” as we find that “cheap” is rarely the best option. We have all chosen a “cheap” option before and then later regretted it. We do promise that our fees are reasonable and offer value for money, with no “hidden extras”.
3. Independent 3rd party endorsement. Our code of practice is approved by The Office of Fair Trading which means that you are dealing with a reputable company with gold standards (including indemnity insurance to protect you from financial loss and an independent complaints procedure). High Street Solicitors and banks are NOT endorsed by the OFT.
4. FREE initial advice through our helpline
5. FREE home visit service
6. Expertise – the important legal work is carried out by a specialist probate solicitor regulated by the Solicitors Regulation Authority.
7. Peace of mind. We’re here to make life easier for you by saving you time, worry & hassle. Our customers regularly comment that they felt relieved they used our service as it felt like a weight had been lifted from their shoulders.
We have helped over 1500 customers since 2004 and we would like to do the same for you. Find out how we can help you by calling our FREE HELPLINE 0800 6129 150.
Request a fixed fee quote today & take the first step to successfully concluding the estate of your loved one.