How a Local Probate Lawyer Can Help When There’s No Will

If a close friend or relative dies without leaving a will it is known as dying intestate. There are a number of significant differences between these circumstances and a situation in which there is a valid will, and your local probate lawyers, Holdens Law, can advise you either way.

Letters of Association

If a person leaves a valid will, then the executors may need to apply for probate in order to distribute the estate of the deceased. However, if there is no will, then particular relatives can apply for Letters of Administration instead. Your local probate solicitors can help you to complete this application, and work with you to administer the estate once the Letters of Administration have been granted.

Letters of Administration give much the same powers to the applicant as a grant of probate does for an executor, and they come with similar responsibilities. For example, you may need to look after ongoing financial obligations of the deceased until the estate administration is finished, or you may need to take care of their property, such as arranging insurance and paying bills. You may have to cover these costs out of your own pocket and claim them back from the estate later, so it makes sense to get help from your local probate lawyer to make the process as quick as possible.

Distribution of assets

If there is a will, then the deceased’s estate is distributed according to their wishes. However, if there is no will, then their estate is distributed according to a set of rules laid out by the government. The estate distribution depends on whether the deceased was married and if they had children.

If there are no traceable relatives of the deceased whatsoever, then the estate passes to the Crown.

Expert advice from your local probate lawyers

The rules for distributing an intestate estate can be quite complex and difficult to navigate, and the process can often feel overwhelming, especially so soon after losing a friend or relative. But you don’t have to deal with everything on your own. 

Your local probate lawyers at Holdens Law have extensive experience in these matters and can offer all the expert advice you need. We will be right by your side at this difficult time, helping you to ensure that the estate is distributed correctly and legally, and that the right people inherit. We know this isn’t an easy task for anyone, and our sympathetic team are here to support you in any way you need.

Avoiding intestacy

As you can see, dying without leaving a will makes things complicated for those you leave behind. That’s why Holdens Law recommends that all their clients have a clear and up to date will. Not only does this simplify things for the family, it also allows the client to stipulate exactly who benefits from the estate, rather than having this dictated by government rules.

As your local probate lawyers, we can help you write your will to accurately reflect your wishes. Our friendly team will work with you to understand your personal circumstances and create a legally watertight document that guarantees that those wishes will be met.

To find out more about making a will, or administering the estate of someone who has died intestate, contact your local probate lawyers at Holdens Law today on 01524 32484 for our Lancaster offices or 01539 720629 for our Kendal team.