Personal Law > Wills, Trusts & Probate > Probate

Probate

This is a legal term that refers to the general action of verifying and administering a Will according to the wishes of the the recently deceased. As this process generally begins very soon after the death of a loved one, we know how challenging a time it is for families to deal with any administration on top of the bereavement process. Experienced, approachable, dedicated and compassionate, you can rest assured that our team have the expertise to make the whole process be of the least inconvenience to loved ones experiencing grief.

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Losing a loved one is difficult enough without the added pressure of administering an estate. We offer sensitive and efficient support throughout the probate process, handling as much or as little of the administration as you require.

We assist with: • Applying for Grants of Probate or Letters of Administration • Full estate administration • Collecting and distributing assets • Settlement of debts and liabilities • Preparation of estate accounts • Inheritance tax reporting and relief claims • Deeds of variation

What happens when there is no will?

Who inherits if I am married?

If there are no children, the Spouse inherits everything. If there are children, the Spouse receives personal items, £322,000 (called the statutory legacy), and half the remaining Residuary Estate.

Do unmarried partners inherit?

No. Cohabiting partners, regardless of how long they have lived together, have no automatic right to inherit under the Rules of Intestacy.

Who inherits if I have no spouse or children?

The estate passes to relatives in this order: Parents, Siblings (or their children), Half-Siblings, Grandparents, and Aunts/Uncles (or their children).

What happens to my home?

If owned as "Joint Tenants," it passes automatically to the surviving partner. If owned as "Tenants in Common," the share passes according to the Rules of Intestacy.

Do stepchildren inherit?

No, stepchildren do not inherit unless they have been legally adopted by the deceased.

What happens to children’s inheritance?

Children receive equal shares, but if under 18, their inheritance is held in trust until they turn 18.

What if I have no living relatives?

The estate passes to the Crown as Bona Vacantia.

The above is not an exhaustive list of all of the issues and problems that can arise when navigating the Rules of Intestacy. In cases where an estate is passing under the Rules of Intestacy it is always recommended that advice is sought from a legal professional.

At Foys Solicitors, we can assist you with dealing with an estate that is being distributed under the Rules of Intestacy, do not hesitate to contact us.

TESTIMONIAL

"I was contacted by Sam Parkinson, and she was absolutely brilliant! I can never thank her enough for getting us through a very stressful time over my daughters will."

Faith

In cases where an estate is passing under the Rules of Intestacy it is always recommended that advice is sought from a legal professional.

It is not a legal requirement to use a Solicitor to apply for Probate or Letters of Administration. It is usually recommended for a variety of reasons.
Typically, probate involves many steps, however some estates are more complex than other and may require additional steps.
Probate is usually needed when a person has passed away with a valid Will and they owned certain assets such as a property in their name, significant savings or high value shares. If the deceased did not have a valid Will you may still need to apply for Letters of Administration in order to administer the estate. This provides you with the same authority as a Grant of Probate. If everything is owned jointly with a spouse or civil partner who is the sole beneficiary then it is unlikely that a Grant of Probate will be needed. It is always advised to seek independent legal advice following the death of a loved one. At Foys we offer a free initial consultation where we will be able to provide you with the necessary information on whether or not you will need to obtain a Grant of Probate.
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