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Intestacy

If a person dies without leaving a valid Will then their assets will be
divided according to the Laws of Intestacy.  This often means that
the deceased person’s Estate does not pass entirely to their spouse
but is shared between other relatives including their children,
parents, brothers, sisters, aunts, uncles and cousins. 

There are important legal steps to follow after a person dies
intestate.  We will guide you through the process and ensure that
the estate is properly settled in accordance with the law.

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Tax Advice

Inheritance Tax is payable at 40% on any qualifying Estate that is
worth more than the Inheritance Tax threshold of £325,000 (tax
year 2009/10).

Many people see Inheritance Tax as the most unjust of all taxes –
after all the money has already been taxed once – why should
people have to pay tax again on the same money?

Minimising the Estate's liability
Fortunately there are a great many things that can be done to
minimise an Estate’s Inheritance Tax liability.  Some of these
strategies can be employed posthumously. 

We will arrange for you to speak to a qualified accountant or
solicitor who can advise on how to minimise the Estate’s Inheritance
Tax liability.  This advice could save you many thousands of pounds.

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Our extensive panel of solicitors includes experts in every area of the law including:

  • Wills
  • Trusts
  • Inheritance Tax
  • Probate Law
  • Lasting/Enduring Powers of Attorney
  • Contentious Probate

We offer a fixed fee legal interview which will give you up to 30 minutes telephone advice from a qualified solicitor with specialist expertise in the relevant area.  Most simple queries can be dealt with within the 30 minutes.  If the problem is more complex the solicitor will give you a quotation to provide you with the additional advice that you need.

Cost £49 including vat

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Shares

In order to obtain Probate it will be necessary to obtain a valuation
for all shares and other savings policies held on the date of the
death. We can organise this for you.

Once Probate has been granted we can arrange for the sale of the
shares on your behalf or their transfer to a third party.

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Probate Probate Fees Wills and Probate Probate Solicitors
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Probate Fees

Probate costs vary enormously. We obtained 26 probate quotes for the same estate. The most expensive quote was more than five times more than the cheapest! When choosing a probate solicitor, price is however not the only consideration. A good probate solicitor is worth a slightly higher fee for a number of reasons:

  • The estate will usually be settled more quickly
  • A higher proportion of the work will be handled by fully qualified solicitors rather than unqualified assistants so reducing mistakes
  • A cheap probate solicitor will often offer a less comprehensive service and may leave you with the time consuming job of arranging for assets to be valued or a property to be cleared or sold
  • A cheap probate solicitor may not have access to sophisticated inheritance tax advice so leaving you to pay an unnecessary tax bill

You get what you pay for in most areas of life and this is certainly true when it comes to choosing a probate solicitor. Our probate solicitors are chosen for their quality of service as well as for their competitive fee levels.

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Duties of an executor


Executors are the people or organisations appointed in your Will to carry out your instructions. Duties of executors include:

  • Bringing together all the deceased’s assets
  • Paying any debts
  • Transferring any gifts of money or personal belongings
  • Dealing with the residual estate in accordance with the Will
  • Paying any inheritance tax which is due

Non professional executors are not usually paid although they can reclaim their expenses. Executors are legally liable for their actions and can be held personally responsible if they fail to discharge their duties properly.

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Case History – Dying Intestate

When my husband died suddenly last year I naturally assumed that as his wife of 32 years I would inherit his entire estate. I am quite sure that this was his intention. However, he died without leaving a Will or to use the legal jargon he died intestate. As a consequence his assets were divided up according to intestacy rules.

My husband’s estate was worth £700,000. We never had children. Consequently the law required that the estate was divided thus:

  • I inherited the first £200,000
  • I also inherited half the balance of the estate i.e. another £250,000
  • My husband’s parents inherited the remainder of the estate i.e. £250,000

My husband’s parents didn’t need the money but they took it anyway, partly, I suspect because we have never really got on. As a consequence I had to sell my home and move into a much smaller property. My husband would turn in his grave if he knew what had happened. If only he had made a Will my circumstances would have been so much easier.

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