The Procedure When Someone Dies Without a Will
By Debi McGrady
Countless people will not contemplate writing a will for a variety of reasons, it can be a difficult talk to have with family so folks put it off, and some people might not believe they own enough assets or money to justify a will. Writing a will not only helps keeps everything in order and simplifies the supervising of your estate after passing on, but it is not a costly thing to do either, with the cheapest will writing available from 60 pounds from some solicitors.
So when someone dies without a will, what happens next? To render it into legal lingo it would be called dying “Intestate”, at this point it is the law/state that will have final say on who deals with the probate and who inherits. The court will not just decide on Joe Bloggs off the street to deal with the estate, each nation state will have some sort of series order protected in law, for example purposes we will use the run order in England, Wales and N.
Ireland (Scotland has its own, more complex succession order, so it is best to keep it separate), it goes without saying the basic outline of the order will in all possibility be the same in most nation states and only fluctuate when it comes to the finer details. Whichever nation you are in one facet is bound to be universal, and that is the fact that depending on the complexity of the estate, it can take anywhere from months to years for the probate to be finalised on an estate.
So whomever is at the summit of the succession tree better be primed, as for the succession it works like this, the spouse or civil partner will come before all others, next step down is the deceaseds child or children then followed by parents, if the late person has a partner but was unmarried they are not included in the succession. After this point it slides down into grandparents, uncles and aunties, if there is absolutely no one to disperse the estate, “The Crown” will select someone, though if there is no one to conduct the estate it doubtless means there is also no one to inherit; ergo the estate will pass to The Crown.
Just in case anyone is puzzled by this, The Crown simply refers to the Government in this instance; the estate will pass to the tax collector to do with as it sees fit. If you are worried it might fall this far, go to: http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802 for more complete information, it will seldom fall this far down the pecking order.
To become the overseer an application for a grant of “Letters of Administration” will be essential, it will act as legal proof for banks, building societies and any other organisations you have to deal with that you and you alone have the right to access the deceaseds accounts. To acquire the grant, you can make a personal application or the solicitor you have working on the probate can make the submission on your behalf, the choice is yours.
At this point it is important to point out that, while the word probate is used here, strictly, in law and legal terminology it only refers to a case where there is a will, however in practice, even without a will present this part of the administration is also called probate, most likely just to avert more confusion in the process. One other thing to be aware of in relation to the grant is that before it can be granted, any Inheritance Tax (IHT) expected on the estate must be paid to the taxman, the current IHT threshold at the time of writing stands at 325k, if the estates assets break above this level 40% tax is levied by the Treasury.
The rare time a grant will not be required is if the estate is held joint with someone else, evidently the other holder of the estate will deal with what takes place next, moreover if the estate is valued below 5k a grant is most likely not needed either, although that will depend on personal circumstances.
Lets discuss what happens in Scotland, dying without a will falls under the Succession (Scotland) Act 1964, which is amended when it needs to be, i.e. to include civil partnerships and other changes along a related line. The succession line for administration will again be along a related line with the rest of the Britain, however the devil is in the detail and certain people can leapfrog upwards depending on circumstances, for a good comparison between Scotland and the rest of the UK look at the table on this website: http://www.primewills.co.uk/dying_without_will.htm.
To learn more about who administers a Will-less estate this webpage should also have all the information you need at http://www.scotland.gov.uk/publications/2003/08/17011/21439. So that wraps up what happens without a will, I think you will agree its worth writing one and sparing loved ones such hassle at a stressful time, offering peace of mind to you and your family.
About The Author
Debi McGrady works at http://www.JustLifeInsurance.com a site dedicated to providing free life insurance advice, and market leading life insurance quotes.