G.M. Hewett Legal Services:

PROBATE

Areas covered:-

Probate

Administration of estates

Deeds of Variation post-death planning

Oaths

If a relative of yours dies and has not left a Will it is said that they have died intestate. In such circumstances the person responsible for dealing with the deceased’s estate is usually the closest relative.

Under the law of intestacy the order of the deceased’s closest relative is set out below, this order is the same order of entitlement to inherit the deceased’s estate. However in some circumstances there are set limits as to how much certain relatives can inherit after which the next in line inherits a proportion of the deceased’s estate:-

1. Spouse or registered civil partner (where not divorced) 2. Children if over 18 or Grandchildren over 18 if deceased’s own child has pre-deceased the deceased 3. Parents (or mother where deceased illegitimate) 4. Brothers, Sisters or their issue if brothers, sisters pre-deceased the deceased 5. Half brothers, Sister but if pre-deceased the deceased then their issue 6. Grandparents 7. Uncles and Aunts but if pre-deceased the deceased their issue 8. Uncles and Aunts of the half blood but if pre-deceased the deceased their issue 9. Treasury Solicitor on behalf of the Crown The relative responsible for dealing with the estate is called the personal representative. The personal representative must deal with duties which include:-

Pay for the deceased’s funeral

Obtain the Grant of Representation from the Probate Registry

Value the estate

Complete Inland Revenue tax returns

Calculate and pay any tax due

Pay the deceased’s debts

Prepare estate accounts

Distribute the estate in accordance with the intestacy rules

This firm can deal with all of the above duties on your behalf. Contact this firm for a free quotation.

This guide is intended as general information only it does not seek to summarise the relevant legislation which is a complex and technical area of law. This guide should therefore not be relied upon and you should take specific professional legal advice relating to your personal circumstances.

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