Help contesting as will

Grant of Letters of Administration

When somebody dies without a will there are rules which set out an order of entitlement as to who inherits the deceased person’s estate.

As there is no will, there are no Executors and therefore the task of administering the estate is undertaken by the administrators, who instead of applying for a grant of probate have to apply for what is known as a Grant of Letters of Administration.

The grant of Letters of Administration then enables the Administrators to collect in and administer the Deceased persons estate, in the same way as a grant of probate.

The letters of administration show:-

  • The last known address of the deceased
  • The administrator ( that is the person who applied for the grant )
  • The net value of the size of the estate in £

 

What are the intestacy rules ?

If you are married or in a civil partnerhship, you will inherit your partners assets subject to certain limits ( see below ). A few commonly asked questions is whether you inherit if you are cohabiting ( common law ) this is not possible under the intestacy rules.

The rules governing the intestacy rules are as follows :-

If the estate is valued at more than £250,000, the surviving partner inherits

  • the first £250,000 of the estate, and
  • half of the remaining estate

 

If there is no children or grandchildren or great-grandchildren, the surviving partner will inherit the entirety of the estate.

Other relatives

The intestacy rules then provide the remainder of the estate is shared in the following order :-
  • children (or grandchildren  ) in equal share or their issue
  • no children or grandchildren, surviving parents will get a share
  • no children, grandchildren or surviving parents, assets pass to brothers and sisters in equal share or their issue

 

If the Deceased died unmarried

If the deceased was unmarried, the the estate is distributed as follows :-

  • to surviving children in equal share or their issue
  • no children, to parents
  • no surviving parents, to brothers and sisters or their issue
  • to grandparents if none of the above
  • no grandparents to aunts and uncles or their issue

 

If there are no relatives then the case is referred to the Treasury Solicitors department which is the government department that will then advertise for relatives. If none exist then the estate will pass to the Crown.

 


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