1st February 2020
To lose a loved one is a very difficult time for the family. It can be made even more difficult when obstacles are thrown in your way which can delay you being able to move on.
If a will cannot be located or someone dies without a will then the rules of intestacy will apply. This could mean that the deceased estate and assets are not dealt with in accordance with their wishes and in some circumstances can see family members being unintentionally missed out of an inheritance.
So, ideally you need to track down a will to avoid intestacy rules kicking in.
Keep scrolling for more key information when dealing with someone’s will and estate…
Copies may not be signed or witnessed (and therefore not valid). They may not be the final version or your loved one could have made changes to their will subsequently, so it is important to locate the original document too.
If you can locate a copy but not an original then contact the solicitor or firm who has made the copy (this should be on letter headed paper). If an original can still not be tracked down then speak to the solicitor you wish to deal with the estate for advice.
If you are unable to locate a will then the estate will be dealt with under intestacy rules. If the deceased’s circumstances are simple and the estate is modest then this may not be bad news. However, if they have a more complicated family structure (for example, they are re-married or have children from previous marriages) then you may find that the assets are not distributed in the way intended.
It is very difficult to contest an intestate estate, but it may be worth speaking to a solicitor that specialises in contested probate for more information and to see if you have a worthwhile claim.
If you have lost a loved one and are going through the process of administering their estate then please get in touch for assistance or guidance. Our compassionate and professional team help clients every week who have lost someone close to them and understand the process along with the emotions you are feeling.
Get in Touch with Probate Solicitors
Call us on 01256 844888, email firstname.lastname@example.org or if our offices are closed then you can speak to our online chat assistant who will ensure that you are contacted by an expert as soon as possible.
Other Articles That May Interest You:
I’m an Executor of a Will, What do I Need to do?
Taking Care of a Property When Someone Dies
Losing a Loved One: Practical Starting Points
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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