F A Q
What is?
Whats a letter of Administration?
If a person dies intestate (without having made a Will) you will may need to make an application for a Grant of Representation where there is no Will which is commonly known as Letters of Administration..
What is a Caveat?
A Caveat is a restrictive measure that can be lodges at any Probate Registry which will prevent a Garnt of Represeantaion being made application that can be lodged at any Probate office which will stop somebody applying for Probate. This is used when a contentious matter arises and a block on matter is needed in order that
What is a Contentious Probate?
If somebody has died and you know they either made a Will or did not make a Will and you know who the beneficiaries under the Rules of Intestacy will be and you do not agree with this, it is possible to enter a caveat with the Probate registry and this will prevent anybody from applying from Probate.
If you do wish to enter a caveat it strongly advisable to take legal advice because there are many issues that can arise if you take this upon yourself.
What is Intestacy?
The Rules of Intestacy are the rules governing the distribution of a persons estate if they do not make a Will. Before an institution gives money to the nearest relative, even if that is the deceased's spouse commonly they will ask them to apply for the Grant of Letters of Administration.
Dying intestate can cause serious problems, for example if you died intestate and your assets exceeded the current nil rate band, everything above this limit would be subject to inheritance tax (IHT) at 40%.
Under the statutory legacy amount any surviving spouse would only inherit the first £250k of your estate with any children inheriting 50% of the rest, a spouse would then receive a life interest in the remaining 50%. IHT would then have to be paid on everything above the nil rate band.
In certain scenarios a Deed of Variation can be created to mitigate any IHT tax bill, however a deed of variation can only be written if all the beneficiaries, i.e. your children, are over the age of eighteen and then they must all agree.
In summary this means dying without a Will could create an immediate inheritance tax bill. We are sure you would not want to be remembered in that way, especially when considering our prices to make a will starts from just £30 plus VAT, much cheaper than a Deed of Variation.
Follow this simple break down of the Laws of Intestacy to see who would inherit your estate if you die Intestate (without a Will).
Probate Disputes - Contesting a Will
Have you been left out of a Will? Or perhaps your partner has passed away and they either never managed to write a will or always meant to update their will but just never managed to get around to it. If you are in either of these predicaments you need to act fast. There are strict time limits in this matter and if you do not act it could be too late. Please call our team on 01246 471900 or 01909 510751 who can advise you who to talk to and how to proceed.
You could have a legitimate claim against a persons estate if you have lived with them as cohabiting partners, or you are an ex spouse or civil partner of the deceased who was receiving maintenance prior to their death, or of course if you are their child or were being supported by them.
Just because the person never made a Will this does not mean you can not potentially contest or make a claim against their estate. Many people are left in this position; in addition, it is also possible to contest the distribution were no Will has been made.
Please note it is with regret that unless the estate of the deceased is in excess of £50,000 it is not financially viable to dispute an estate., however if the value of the estate is below £50,000, please contact us in any event so that all options for resolution can be explored.