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Grant of Letters of Administration

No Will

If the deceased died without a will, then the intestacy rules will apply. These rules set out a clear order of entitlement, to those entitled to the deceased’s estate.

The person collecting the assets of the deceased is known as an administrator. The probate registry issues what is known as grant of letters of administration to the person applying when there is no will.

The Order of entitlement under the Intestacy Rules is as follows :-

Deceased died Married with children

Surviving Spouse receives first £250,000 and all personal possessions with the remaining estate divided into two:-

  • Half to the children at 18 or earlier marriage, and
  • Half in trust during spouse's lifetime - he or she gets the income.
    On spouse's death this half goes to the children.
  • If a child predeceases, leaving issue, his issue will take his share between them.

Deceased died Married but no children

If there are parents, brothers or sisters of the whole blood, nephew or nieces:-

  • Spouse gets everything up to £450,000 & personal possessions.

Anything remaining is divided into two:-

  • Half of this goes to spouse and Half to parents.
  • If no parent is living then it goes to brothers or sisters or their children.

Deceased was not married person but had children

  • Estate goes to children at 18 or earlier marriage.
  • If a child predeceases, leaving issue, his or her issue

Deceased Unmarried and with no children

  • Parents absolutely (and equally if both are alive), but if none, then
  • Brothers and sisters of the whole blood (i.e. the children of the same parents as the deceased) on the statutory trusts, but if none then to
  • Brothers and sisters of half blood, (i.e. those who share one parent with the deceased) on the statutory trusts, but if none then to
  • Grandparents absolutely (and equally if both are alive), but if none, then to
  • Uncles and aunts of the whole blood i.e. brothers and sisters of the whole blood of one of the parents of the deceased) on the statutory trusts, but if none then to
  • Uncles and aunts of the half blood (i.e. those with one parent in common with one of the parents of the deceased) on the statutory trusts, but if none then to
  • The Crown, Duchy of Lancaster or the Duke of Cornwall as “bona vacantia”

 

Need help when there is no will ?
Call our probate helpline on: 0844 7400948

National Probate Helpline tel: 01482 638400