When someone dies, their estate will usually be divided up amongst their relatives and friends according to their wishes, as laid out in their will. However, sometimes people die without leaving a valid will, and this can cause many complications for their families at an already difficult time. In this article, we take a look at the ways in which a probate solicitor can help you if a relative has died without leaving a will.

Dying Intestate - What does it mean?

Dying intestate is the legal terminology used to refer to someone who has died without leaving a will. Someone may die intestate because they have not made a will, because they revoked a previous will and didn't make a new will, or because the will that they made was not legally valid for some reason.

What happens when someone dies intestate?

When someone dies without leaving a will, there are statutory rules which apply. These rules state how the estate should be divided up amongst certain surviving relatives and prioritise the closest relatives. If the person who has died has left behind a spouse (or civil partner), for example, he or she will usually have priority over any other relatives for either all or a certain amount of the estate. If they have not left a spouse (or civil partner), but have left children, the children will usually have priority over other relatives. However, the amount that each relative will receive (if anything) also depends upon the value of the estate and who the other relatives are. A probate solicitor will be able to explain these intestacy rules to you in full and explain how they relate to your relative's estate.

If someone dies intestate and they do not have any relatives, according to the laws regarding intestacy, their estate will go to the Crown. Therefore, it's extremely important to contact a probate solicitor as soon as possible if a relative dies without leaving a will and you believe that you may have an entitlement or claim against their estate. Your probate solicitor will be able to tell you whether or not you have a claim and inform you about the procedure to follow if you do.

Disputes arising from intestacy

Even when someone does leave a will, disputes can arise amongst surviving relatives about the terms of the will.. Disputes also sometimes arise when someone dies without leaving a will, for example a claim may be brought against the estate by someone that the deceased maintained. A probate solicitor can help you to understand what you are legally entitled to according to intestacy and other laws and help you to resolve any subsequent disputes with other people .

Other issues when someone dies intestate

When someone dies intestate, there may be other issues that arise as well as issues relating to the division of the estate. For example, if your relative had the sole responsibility of young children and died without leaving a will stating who he or she wanted to become the children's guardians, a court of law will need to appoint guardians for them. This can be an extremely distressing situation for a child who has just lost a parent. If you believe that your relative would have wanted you to look after their children, it's vital that you discuss this with a solicitor as soon as possible.

What should your first steps be if a relative dies without leaving a will?

If a relative dies intestate, choose a probate solicitor and book an initial appointment as soon as possible. Your solicitor will be able to discuss all the issues relating to intestacy with you and advise you about any steps that you need to take to resolve the situation.