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  • Writer's pictureEmma Aslett

Wills & Probate | Rules Of Intestacy – Passing Away Without A Will

Updated: Aug 8, 2023

If you pass away without a Will, you have passed away intestate, and therefore your estate must be dealt with according to the rules of intestacy.

The rules of intestacy state how the estate will be passed and who the estate will be passed to – no matter what your wishes actually are.

There is usually a lot of confusion and assumption that if you are married, your spouse will receive your whole estate. This is not entirely correct and it depends on whether you have any children too.

Whilst there is a lot of information about the importance of ensuring that a person’s Will (i.e. their wishes) are followed, it is as important to ensure that, if you pass away intestate, the rules of intestacy are followed.

The beneficiaries of the intestate estate must be identified and the order of priority must be followed.

It is very important to understand the process of applying for letters of administration (rather than a Grant of Probate due to the intestate estate), how the estate should be distributed and to whom.

I would always suggest taking legal advice prior to ensure that you are dealing with the estate in the correct way.

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The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.


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