‍What is Intestacy?

Intestacy occurs when a person dies without a Will, or when their Will is not legally valid. In these situations, the estate must be distributed according to strict legal rules, not personal wishes.

Under intestacy rules in England and Wales:

• If the deceased was married or in a civil partnership, the spouse usually inherits most or all of the estate.
• Children may also inherit part of the estate, depending on its size.
• If there are no immediate family members, the estate may pass to more distant relatives.
• If no relatives can be found, the estate may eventually go to the Crown.

These rules can create outcomes the deceased may never have intended, which is why having a valid will is so important.

What Are Letters of Administration?

When someone dies without a Will, no executor has been named to handle their estate. Instead, the court appoints an administrator, usually a close family member.

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To take on this role, the administrator must apply for a Grant of Letters of Administration, which is the legal document that gives them authority to:

• Collect the deceased’s assets (such as property, money, and possessions).
• Pay debts and liabilities.
• Distribute the estate according to intestacy rules.

Without this document, banks, HM Land Registry, and other institutions will not release funds or transfer assets.

Who Can Apply for a Grant of Letters of Administration?

The law sets out a priority order of who can apply, starting with:

1. Spouse or civil partner
2. Children
3. Parents
4. Siblings
5. Other relatives

If more than one person has the same right to apply, they can do so jointly.

The Process of Applying

The application process can feel overwhelming, particularly at a time of grief. It usually involves:

1. Gathering details of the deceased’s assets, debts, and beneficiaries.
2. Completing and submitting inheritance tax forms.
3. Applying to the Probate Registry for the Grant of Letters of Administration.
4. Once granted, managing the estate and distributing it according to the intestacy rules.

How Lyons Bowe Can Help

Dealing with the estate of a loved one is never easy, especially without a Will. Our Wills & Probate team provides clear, practical support to:

• Advise on your right to apply as an administrator.
• Prepare and submit the application for Letters of Administration.
• Guide you through the entire estate administration process.
• Help resolve disputes or challenges that may arise.

We make sure everything is handled correctly, giving you peace of mind at a difficult time.

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Avoiding Intestacy in the Future

The best way to avoid complications for your loved ones is to make a valid Will. Lyons Bowe can help you draft a will that reflects your wishes and ensures your estate is distributed the way you want.

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Contact Us

If you need help applying for a Grant of Letters of Administration, or if you want to protect your own estate by making a will, contact Lyons Bowe today.

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