Around only one in two people in the UK has actually made a will. Unfortunately, this means that a high number of people die intestate, and their estates have to be administered in accordance with Rules of Intestacy.
However, it is not only those persons who die without having written a Will who will leave uncertainty for their beneficiaries. All of the following describe situations in which the Rules of Intestacy apply:
- The deceased had written a Will but it could not be found
- The deceased left a Will but it was not legally enforceable – for example, it was not properly witnessed
- The beneficiaries died before the deceased
- The beneficiaries died at the same time as the deceased
- The testator revoked the Will
Who can apply for probate in cases of intestacy?
In the event that the deceased died without a Will or in another situation that requires the Rules of Intestacy, the law requires that administration of the estate is carried out by next of kin. Under United Kingdom law, there is an order of priority for next of kin. This is as follows:
- Spouse or registered civil partner
- Children, including biological and adopted children
- Grandchildren
- Parents
- Siblings
- Nephews and nieces
- Half siblings
- Children of half siblings
- Grandparents
- Uncles and aunts
- Cousins
- Half uncles and aunts
- Offspring of half uncles and aunts
Letters of Administration
Unlike executors named in a Will, under the Rules of Intestacy, next of kin must apply to the Probate Registry to obtain a Grant of Letters of Administration in order to become the administrators (personal representatives) of an estate.
Oratto member probate solicitors – helping you negotiate difficult times
Negotiating the stress, uncertainty and bureaucracy of probate can be challenging and receiving authoritative legal advice from the earliest stage can really help lift the burden, particularly in cases of intestacy. Oratto member probate lawyers can be on hand immediately to guide you through this process.
Contact Oratto today so that we can help you find the right member solicitor for your intestacy probate and estate administration needs.
