BackLatest News and Articles - November 2011
My Relative has died without leaving a Will – What do I do?
If someone has passed away without leaving a Will then this is referred to as dying “intestate”.
A Grant of Letters of Administration may be required to be obtained, which is the legal document which will provide authority for the Administrators to deal with the deceased person’s property and affairs. The law sets out who is entitled to act as an Administrator.
In some situations, a Grant is not necessary but this will be dependant upon what assets the deceased owned and, also, to whom they are being left. You should contact us in order to discuss whether a Grant is necessary.
The Grant itself is obtained from the Probate Registry of the High Court and will, in some cases, be required by asset holders (such as Banks or Building Societies) in order to close the accounts.
If the deceased owned property, then the Land Registry will also require sight of the Grant for any dealings with a property (such as a sale or transfer).
A formal Oath will need to be drawn up by us and sworn by the Administrators in order to submit to the Probate Registry to obtain the Grant. Before the Oath can be drawn up, the assets and liabilities of the deceased must be established in order for an accurate assessment to be determined of any potential Inheritance Tax liability. This may involve obtaining professional valuations for property, jewellery, antiques etc.
Furthermore, without a Will, it also needs to be established what persons would legally be entitled to a share of the Estate.
Whilst you can apply yourself to obtain the Grant, at a time when you are suffering grief from the loss of a loved one, the form filling and bureaucracy can create additional stress. The length of time which it takes to compile all of the necessary information can also be distressing – it is not unusual for the administration of an Estate to take up to one year (or longer if there are any complications). You must also be aware that if you make any mistakes in the administration of the estate, then you will be personally liable for paying to rectify the situation.
At Bird & Lovibond, our team will provide you with the professional help and guidance you need at this time to ensure that the administration of the Estate can be dealt with as smoothly and thoroughly as possible.