Probate
Intestacy Rules
For details of how an estate is divided when there is no Will please see the flow diagram below:
| Glossary | |
| At 18 years old | Any children under the age of 18 years has a right to the assets but they cannot legally accept them until they are 18 years old
|
| Aunts/Uncles of the half blood
|
Your parent’s half sister/brother |
| Aunts/Uncles of the whole blood
|
Your parent’s sister/brother |
| Issue | Any direct descendants, i.e. children, grandchildren, great-grandchildren etc.
|
| Personal Possessions | These are defined in section 55(1)(x) of the Administration of Estates Act 1925 as amended by section 3 of the Inheritance and Trustees Powers Act 2014 as being tangible moveable property, other than any such property which consists of money or securities for money, or was used at the death of the intestate solely or mainly for business purposes, or was held at the death of the intestate solely as an investment. It usually includes the items you own inside and outside your house.
|
| Residue | Whatever remains in the estate after all debts, tax and specific legacies have been paid
|
| Siblings of the half blood | Brothers or sisters with whom you have one parent in common
|
| Siblings of the whole blood | Brothers or sisters with whom you have two parents in common
|
Administering the Estate
The steps needed to deal with an intestate estate are largely similar to that of an estate with a will.
The main difference is who is entitled to act in the administration and that the grant of probate is referred to as a grant of letters of administration. There are also some limitations on taking possession of assets where there is no will and executor appointed.
For detailed guidance on sorting out an intestate estate please contact us to arrange an appointment.
Our Probate Team
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