Intestacy Law Solicitors

When someone dies without leaving a valid Will, their estate is distributed according to the UK’s rules of intestacy. Understanding the laws of intestacy can be challenging, but with the guidance of an experienced intestacy solicitor, the process becomes much smoother. 

At Merriman Solicitors, we provide compassionate and professional support to ensure that the estate is distributed according to the law, while safeguarding the interests of the rightful beneficiaries. Contact our solicitors today to discuss your needs and receive expert guidance

What happens if someone dies without a Will?

If a person dies intestate (without a Will), the law dictates how their estate will be divided. The rules of intestacy prioritise close family members, such as spouses, civil partners, and children. 

However, these rules may not always align with what the deceased might have wanted, making it crucial to understand the process and how it impacts the beneficiaries.

Who inherits under the rules of intestacy?

Under the current intestacy rules in England and Wales, inheritance depends on the family structure of the deceased:

• Spouses or civil partners: If the deceased leaves a spouse or civil partner but no children, the spouse inherits the entire estate.
• Spouses and children: If the deceased leaves both a spouse and children, the spouse receives the first £270,000 of the estate and personal belongings. The remainder is split equally between the spouse and the children.
• No spouse, but children: If there is no surviving spouse, the entire estate is divided equally amongst the children.
• No spouse and no children: If the deceased has no spouse or children, the estate is passed to other relatives like parents, siblings, nieces, nephews, or more distant relatives. If no relatives can be found, the estate may go to the Crown.

What if the deceased had a partner but wasn’t married or in a civil partnership?

In cases where the deceased had a long-term partner but was not married or in a civil partnership, the partner is not automatically entitled to inherit under intestacy rules. This can lead to complicated disputes, which is why it’s important for cohabiting couples to make a Will.

What is the role of an intestacy solicitor?

An intestacy solicitor helps administer the estate according to the law, ensuring that all rightful beneficiaries are identified, and the estate is divided fairly. This process includes:

Applying for Letters of Administration, the legal document that allows the solicitor to manage the estate.

• Identifying and contacting beneficiaries.
• Managing the deceased’s financial obligations, including debts and taxes.
• Distributing assets in accordance with the intestacy rules.

How long does the process take?

The length of time to administer an intestate estate varies depending on the size of the estate and the complexity of the family situation. On average, the process can take anywhere from 6 to 12 months, but it may take longer if disputes arise or if beneficiaries are difficult to trace.

What about inheritance tax (IHT)?

If the estate exceeds the inheritance tax (IHT) threshold, currently £325,000 in the UK (as of 2024), the estate may be liable for inheritance tax at a rate of 40%. 

However, transfers between spouses are usually exempt from IHT. Merriman Solicitors can provide advice on how inheritance tax impacts the estate and ensure that all tax obligations are met.

Do I need an intestacy solicitor?

While it is possible to complete the intestacy process without legal support, however, doing so can be complex, especially in cases with multiple beneficiaries or significant assets. 

Our experienced team at Merriman Solicitors can help streamline the process, providing clear legal advice, administrative support, and resolving any disputes that may arise. We ensure that your loved one’s estate is handled with care and in accordance with the law.

How much does it cost to handle intestacy?

The costs of handling intestacy depend on the size and complexity of the estate. At Merriman Solicitors, we offer transparent pricing and tailor our services to your needs. We recommend speaking with our team to get a clear understanding of potential costs based on your unique situation.