Intestacy Solicitors

When someone passes away without a valid Will, their estate is divided based on the UK’s Rules of Intestacy. These Rules might not always reflect what the deceased would have wanted, which is why navigating them can be tricky. That’s where we come in. At Fitzhugh Gates Solicitors, we offer clear, compassionate advice to help you manage the process and protect the rights of everyone involved.

How Does Intestacy Work?

If someone dies intestate (without a Will), the law decides who inherits their assets. Here’s a quick rundown of who gets what:

• Spouse or civil partner only: The spouse inherits the entire estate.
• Spouse and children: The spouse gets the first £270,000, all personal belongings, and half of anything left. The other half is divided equally between the children.
• Children only: The estate is split equally among the children.
• No spouse or children: Other relatives (parents, siblings, nieces, nephews) inherit in a specific order. If no relatives can be found, the estate goes to the Crown.

What About Unmarried Partners?

If someone had a long-term partner but wasn’t married or in a civil partnership, their partner won’t automatically inherit under Intestacy Rules. This can leave unmarried partners in a difficult position, which is why it’s so important to make a Will.

How Can an Intestacy Solicitor Help?

Dealing with Intestacy can be complicated, especially if there’s no Will or if disputes arise. A solicitor can:

1. Apply for Letters of Administration: This gives legal authority to manage the estate.
2. Identify and contact beneficiaries: Making sure everyone entitled is included.
3. Handle debts and taxes: Ensuring all liabilities are paid before distributing the estate.
4. Distribute assets: Dividing the estate fairly and according to the law.

How Long Does It Take?

Sorting out an intestate estate can take anywhere from 6 to 24 months, depending on its size and complexity. It can take longer if disputes arise or if it’s hard to trace beneficiaries.

What About Inheritance Tax?

If the estate is worth more than £325,000, it may be subject to inheritance tax (IHT) at a rate of 40%. However, transfers between spouses or civil partners are usually exempt.

At Fitzhugh Gates Solicitors, we can advise on any tax implications and make sure everything is handled properly, so there are no surprises later.

Do I Need a Solicitor for Intestacy?

You’re not legally required to use a solicitor, but Intestacy can be complex – especially if:

• There are multiple beneficiaries or ‘missing’ beneficiaries.
• The estate includes significant assets.
• Disputes arise between family members.

Our team at Fitzhugh Gates Solicitors provides straightforward support to make the process as stress-free as possible. We’ll handle the legal side so you can focus on what matters most.

What Does It Cost?

The cost depends on the size and complexity of the estate. At Fitzhugh Gates Solicitors, we’re upfront about our pricing and tailor our services to your needs. Contact us for a free consultation to discuss your situation.

Need Help?

At Fitzhugh Gates Solicitors, we’re here to guide you through the process with clear, practical advice. Connect within us today and let us take the stress out of managing your loved one’s estate.