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What if There is No Will?

By: Abigail Taylor - Updated: 2 Oct 2018 | comments*Discuss
 
Will No Will Intestacy Probate

When someone dies, those left have to deal with the issue of what to do with their property and belongings. If there is no Will (i.e the estate is intestate), there is legislation that helps with the process of dividing any assets.

Here are the basic steps to follow:

  1. Check that there is definitely no Will to be found
  2. Apply for a Grant of Representation (often called "probate")
  3. Pay any inheritance tax due
  4. Collect together any assets
  5. Pay any debts owed by the deceased
  6. Distribute the estate

How to Find Out if There is a Will?

It can be difficult to establish after their death if someone made a Will. It is therefore recommended that if you have made a Will, you tell your family that you have made one, and where it is held.

If you don't know the location of a deceased's Will, it is important to carry out a thorough search. Below are some ideas of where to look:

  • Check through the deceased's documents - most people have a file of important documents (birth certificates / insurance etc) somewhere, so it may be with those
  • Check in the deceased's safe
  • If they had a lawyer that they used for other matters (e.g divorce or property sale) check if they hold a Will for the deceased
  • Try calling local solicitor's to see if they hold a copy Will for the deceased

Note: Sometimes people make more than one Will, as they update or change how they wish their assets to be divided. If you find more than one Will, make sure that you use the most recently dated version, as older versions will no longer be valid.

Intestacy Laws

If there is no Will, then the distribution of the estate will be governed (in England and Wales) by the Administration of Estate Act 1925. These are commonly known as the laws of intestacy, someone who dies without a Will is legally called 'intestate'.

Obtaining probate

Regardless of whether there is a Will or not, you will need to apply for a Grant of Representation (commonly called 'probate'). If there is no Will, the deceased's next of kin can apply for probate (for example their spouse, civil partner, or child). It is possible to apply for probate as the spouse or civil partner of the deceased, even if you are separated, as long as you are not divorced.

Note: Unmarried partners cannot automatically apply for probate, (nor will they inherit your assets under the law of intestacy), so if you have a long-term partner but are not married, it is especially important that you make a will.

If all assets were jointly held, technically you do not require probate to distribute them. However many organisations such as banks will still ask for a copy, so it may be worth doing anyway!

See our guide here for more information on Probate

Applying for probate

Here's how to apply:
  1. Complete a probate application form (PA1). If you need help completing the form, call HMRC on 0300 123 1072
  2. Complete an inheritance tax form. (You must complete this form, even if you think no tax is owed.)
  3. Send both forms along with the death certificate, the original will and three copies (if a will exists), and a £125 application fee. (There is no fee is the total estate is worth under £5,000)
  4. Swear an oath at the office of a Commissioner for Oaths (eg a solicitor's office), or the local probate office
You should get the probate certificate through in the post within 10 working days of swearing your oath.

How Stop Someone Getting Probate

You can stop someone getting probate by entering a caveat, as long as you are aged 18 or over. This caveat lasts 6 months to enable any dispute to be resolved. To enter a caveat, fill in form PA8 and send a £20 fee. (We recommend consulting a solicitor or your local Citizen's Advice Bureau if entering a caveat, as usually they precede a heated dispute between relatives.)

Find Out How an Estate Was Distributed

You can search probate records online for anyone who died after 1858. This should tell you who obtained probate to distribute the estate. There is a £10 fee per search. It takes around 14 days for the online record to update with details of new registrations.

Paying Inheritance Tax

You will have sent an Inheritance Tax Form to HMRC when obtaining probate, so they will let you know how much inheritance tax must be paid out of the deceased's assets. Just follow the instructions on the paperwork sent to you, and if you have any queries, contact HMRC who are usually very good at talking relatives through the process.

We have more information on inheritance tax here

Collect the Deceased's Assets

If you send the probate certificate to organisations holding the deceased's assets (e.g banks), they should release these to you. You may also need to sell the deceased's property in order to release funds; any fees involved in the sale can be deducted from the sale profits.

To speed up the asset release process, you may wish to obtain several copies of the probate certificate. These cost only around 50p per copy.

Paying off debts

Before distributing the estate, the executor has a duty to pay off any debts owed by the deceased. This includes any outstanding tax owed to HMRC. Also don't forget that if the deceased didn't have a funeral plan in place, you will need to deduct the funeral costs from the value of the estate; funeral costs can be several thousand pounds!

If you are the executor, place a notice in The Gazette to give any creditors a chance to come forwards before the estate is distributed. That will ensure that you hold no personal liability for any of the deceased's debts of which you may not have been aware.
See our article on Debts After Death for more information

Distribute the Estate

Jointly held assets:

  • Any money in a joint bank account will automatically pass to the other owner(s)
  • Any property owned under a "joint tenancy" (where all parties own the whole property jointly), will automatically pass to the surviving owner(s)
  • Any property owned under a "tenancy in common" (where each party owns a fixed share of the property), the deceased's share will pass according to their will or the law of intestacy

Assets not held jointly

If there is no will, you will need to distribute the estate in accordance with the law of intestacy:

Intestacy Law - Who Gets What If There's No Will?

If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.

If the estate is worth over £250,000 the estate is divided as follows:

(1) Spouse or Civil Partner Still Alive

If the estate is worth over £250,000, and the deceased has a spouse or civil partner, they will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.

(2) No Spouse or Civil Partner

If the deceased has no spouse or civil partner, the estate will be divided equally between their children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place.

(3) No Spouse or Civil Partner and No Children/Grandchildren

If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).

(4) No Spouse, Children, Parents or Siblings

If the deceased has no spouse/civil partner, no children/grandchildren, no parents and siblings, the estate will be divided equally between their half brothers and sisters. If there are no half siblings, the estate will be divided equally between their grandparents. If there are no living grandparents, the estate goes to aunts and uncles (half aunts and uncles if there are no full ones) or to their children (the deceased's cousins) if they have already died.

(5) None of the Above Relatives

If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, the estate will all pass to the Crown.

Example Scenarios

Q] Joe has died with no will. He has a wife, a son and two step-daughters. His estate is worth £350,000. Who inherits?

A] Joe's wife would receive £250,000 of the estate, plus any personal possessions (regardless of value). The remaining £100,000 of the estate would be divided equally between his wife and his son. Step-children are not recognised by the law of intestacy. His wife would therefore receive a total of £300,000 plus personal possessions, his son would receive £50,000 and his step-daughters would receive nothing.

Q] Beth has died without a will. She has no husband or civil partner, no children or grandchildren, and no parents or grandparents. Her only surviving family are the boyfriend she lives with, and her aunt who she hasn't spoken to since she was a child. Who inherits?

A] Her aunt would inherit the entire estate. The law of intestacy doesn't recognise unmarried partners. Her aunt is a recognised relative and so will inherit the estate, regardless of whether they are estranged.

As you can see from the above, it is extremely important to make a will if you have step-children or an unmarried partner that you would want to inherit from you. If you don't have a will, they won't get anything unless assets are jointly held!

Some of Your Questions Answered

"My wife's mother left her and her sister the house. The Will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?"

The unmarried partner has been given a life tenancy in the property. That gives him the right to remain in the property until his death. He will be responsible for all insurance and maintenance costs. You can't legally throw him out, so your choices are either to sell the estate subject to a life tenant (not usually very desirable to a buyer), or speak to him about him forfeiting his life tenancy (likely by you "buying him out").

"My great aunt passed away hasn't left a Will, my mother is her niece. She left invested money of over £30,000, plus valuable items. Suddenly her nephew wants to take over and already taken jewellery, ornaments and has demanded that anything we took from the house for safe keeping be returned or he's phoning the police. We found out that when my aunt was alive his wife took her wedding/engagement rings...she was suffering from Alzheimer's. The nephew has walked away from the house (rented) leaving a neighbour to clear as it has to be empty in 2 weeks. What can we do to ensure nothing gets sold without our say, so that we can things of sentimental value in the family?"

Has the nephew applied for probate? If not, then it may be worth you doing so. If he does not have probate, then he is not entitled to divide up the estate.

In any event, the estate must be divided up according to the rules of intestacy. Follow through the steps above to see who would inherit - this will depend upon what other surviving relatives are in your family. If your great-aunt has no spouse / civil partner, no children / grandchildren / great-grandchildren, and no parents, then the estate should be divided up equally amongst their sisters and brothers. If they are no longer alive, their children (ie her nieces and nephews) will inherit in their place. If there was no will and the nephew (your uncle) is legitimately inheriting from the estate, I would expect that your mother should do so too.

"My dad was diagnosed with dementia 18 months ago. My sister who'd previously had no contact for years, obtained POA (knowing he's worth over 500.000). She put him in a nursing home and fixed up the house then moved in with her daughter. My sister and I are the only next of kin, he passed away 4 months ago with no Will. Should I have inherited any of his estate? What can I do at this stage?"

Firstly, I would question whether any Power of Attorney was valid. It seems strange that your father would agree for an estranged daughter to make all decisions (including financial decisions) on his behalf. If your father had already been diagnosed with dementia prior to signing the Power of Attorney, he may have lacked mental capacity making it invalid.

Secondly, if your father had no will, his estate would pass to his family in accordance with the laws of intestacy. Check whether your sister obtained probate. If not, she does not have authority to distribute the estate. If your father had no surviving spouse or civil partner, then the estate should have been divided equally between all his children. If there are just two children (you and your sister), then you should have received 50% of the value of the estate, including the property value. (This does not necessarily mean that your sister has to sell the property, but she should give you 50% of the value to essentially "buy out" your share.)

"Hi my father has died , with no will , we think. My eldest brother has dealt with everything he has divided all the money between us all , but it doesn't add up. My dad was mentally fine not confused and he told us what he had , is there anyway we can find out without asking my brother as I am sure there was quite a bit more money than he has said and my father had paid for his own funeral?"

Again, check whether your brother had obtained probate. If not, he had no authority to divide up the estate. If you don't want to ask him, you can search for probate records online, for a £10 fee.

If your brother did have probate, it will be difficult at this stage to determine the value of the estate (ie how much was in your dad's accounts), as they will now be £0 / closed. You may therefore have to ask your brother directly.

Remember that any debts, including outstanding tax and solicitor's fees will need to be paid out of the estate prior to distribution. Also inheritance tax may have been paid. These could all reduce the value of the remaining estate to be divided up.

Seeking advice

Dealing with the distribution of assets follow the death of a family member is always tricky, and can particularly bitter and emotional if a dispute arises. If you disagree with the way the estate has been distributed, speak to Citizens Advice Bureau for free advice and (though it may be difficult), try to approach the matter in a calm manner. Sometimes it can also be helpful to ask a trusted family friend or other relative to "mediate" any dispute to try to reduce any heated arguments and ensure a satisfactory resolution for everyone involved.

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[Add a Comment]
Hi My mum died unexpectedly 5 months ago in hospital she had been living between my home and my sisters home with our family’sdue to domestic abuse we risked our life’s to get her out of her home ?? she was 24 hours a day care it was so hard but it was the right thing to do we were devoted children. Her and our safety were high priority. She died in hospital care which now has come to light it was negligence. We were by her side every step of the way from her last months and her last hours in hospital. But she never had a will in place as she didn’t have anything. But she is still legally married ! Is there anything we can do because we want to get justice for our mum and what we have been put threw I’m not sure if he is the only one to be able to pursue this ? Please help with advice
Sun - 2-Oct-18 @ 11:50 AM
my father is in ill health and wants to give me a large sum of money.£45,000.once i receive this money does my sister who has no contact with him or me have any claim if he passes away?
poudonk - 27-Sep-18 @ 3:38 AM
My son recently died of cancer he is just over 18 and has aporx 6K split in two accounts. His mum and I are not together. The money is frozen in both accounts now. What happens next can mum apply for probate and take the funds or legally are they split between me and her. The money is irrelevant to me i just wish to donate it to charities is per my sons wish's he told me before he died. thank you in advance for your answer
nightowl - 19-Sep-18 @ 12:44 PM
My son passed away unexpectedly he has a long term girlfriend and 2 young children there's no will and no marriage she is sorting his funeral and not telling myself his mother or his brother and sister when funeral is who is my son's next of kin
Andy - 17-Sep-18 @ 10:55 AM
My father who I have not seen in 17 years recently died unexpected, he lived with his parents. Me and my brother are his next of kin due to him not having a partner or being married, his belongings are in his parents house etc, we have no contact with his family as we do not get on. How do I go about getting his belongings, any money left.. as we don’t even no who he banked with. I have tried going through his sister but not having any response so now we are left not knowing how we can collect what he has left. Also he did not leave a will as far as we know.
Bez2014 - 12-Sep-18 @ 2:04 PM
Hello, I'm hoping to get some advice. My mom passed away and my dad is still alive but is moving to a small place so we need to distribute mom's belongings amongst the family. The problem is that my mom and dad raised my sister's children, the oldest niece was only 16 when mom was diagnosed with alziemers and at that time mom decided to give us 4 biological siblings something that she loved in the house and wanted us to have (We were all married and on our own at the time). The items we got were as follows : I received the antique sewing machine as she knew I admired It, my oldest sister was given the sewing box as she is the sewer in the family, my brother got my parents China set. Because my nieces and nefews were so young then it was agreed that we would pass the items on to them once the were older and once my mom passed away ( 11yrs later) we would sort through and anything dad didn't want to keep we would include the older nieces and nephews and decide her things amongst everyone. Problem is my oldest niece that my parents raised is now mad that we were given those items 11years ago and wants a couple of them for herself, we offered her first pick of the few items left that mom loved such as collectibles and such but she has refused and now shut down and angry at us. I considered giving her the sewing machine so that it stops any conflict even though it means a lot to me . Any advice on what I should DO? Fyi I have no children and all my stuff including what I have from my mom is going to be passed on to the nieces and nephew that mom and dad raised. .
Jackie - 7-Sep-18 @ 5:00 AM
Hello. A few days ago a very close friend passed away. He was a single man with no relatives alive. None. He trusted me with his home when he was on vacation. We are not related by blood but friends for many years. I am the only person with a key to his house. I have no idea if a will has been made. How can I find documents in his house if I cannot enter his house without breaking an entering. I need to look for mortuary documents or will and testament. Please advise.
Luis - 5-Sep-18 @ 6:17 AM
My grandad died without leaving a will and my mum his daughter is also deceased, my uncle assumes that all of my grandads assetts automatically becomes all his but should my mums half go to us her three daughters ??
Oliehaz - 29-Aug-18 @ 6:12 PM
My deceased brother did not have a Will and I have started proceedings to get Probate. I understand that his estate will be shared between my other brother, myself and my deceased sister's 3 children.Is the estate to be divided 3 ways or 5 ways?
curio - 29-Aug-18 @ 5:16 PM
Tash - Your Question:
The father of my children (we were never married, and estranged at his time of death) passed away in 2016. He was married to a Muslim lady who demanded he had a Muslim burial service. He hadn’t left a will, and my children were not only forced to watch him be buried from 20 years away & are refused any kind of headstone/plaque to go on the site of his grave but, the wife also took his belongings (including a boat he wanted to go to his children) and has left his children with nothing. His mother is still struggling with his death, as she nursed him in his final months before he went into a hospice, whilst the wife done nothing. She feels cheated with the refusal of a gravestone. I know that Paul not having left a will leaves our children in a poor position (he unfortunately wasn’t terribly clued up, and actually would probably be classed as a vulnerable adult nowadays) and so was manipulated by his wife and her close community, - but surely my children are entitled to some say. Any advice would be appreciated, I have two teenagers who are fighting mental health issues, largely stemming from this situation.

Our Response:
You need to seek professional legal advice on this matter unfortunately. The children my be able to contest the Will if they were excluded from it.
FacingBereavement - 29-Aug-18 @ 9:59 AM
The father of my children (we were never married, and estranged at his time of death) passed away in 2016. He was married to a Muslim lady who demanded he had a Muslim burial service. He hadn’t left a will, and my children were not only forced to watch him be buried from 20 years away & are refused any kind of headstone/plaque to go on the site of his grave but, the wife also took his belongings (including a boat he wanted to go to his children) and has left his children with nothing. His mother is still struggling with his death, as she nursed him in his final months before he went into a hospice, whilst the wife done nothing. She feels cheated with the refusal of a gravestone. I know that Paul not having left a will leaves our children in a poor position (he unfortunately wasn’t terribly clued up, and actually would probably be classed as a vulnerable adult nowadays) and so was manipulated by his wife and her close community, - but surely my children are entitled to some say. Any advice would be appreciated, I have two teenagers who are fighting mental health issues, largely stemming from this situation.
Tash - 26-Aug-18 @ 9:36 AM
My mother passed and didn't leave a will, I was the caretaker for her and lived in her house for so many years my other siblings have left for 30 + years and now they want to sell house that I live in what do I do to stop them from putting me out.
Guma - 18-Aug-18 @ 8:54 AM
angels - Your Question:
My auntie passed away who was married but her husband passed away a few days before she did. They had no children and no will. Her sister is still alive (my mother) but they haven't spoke for more than 10 years. I was the closest family member to my auntie always visiting and helping out and they always said they wanted everything to go to me (but nothing in writing). Will all there possessions go to my mother automatically or is there something I could do?

Our Response:
Yes if there is no Will,and there is no living spouse, no children or grandchildren and no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).
FacingBereavement - 10-Aug-18 @ 2:34 PM
Conker55 - Your Question:
My dad passed away without leaving a will, I went to the solicitor with my sister and was advised that the process of probate would be quicker if just my sister applied as then they would only be waiting for her to sign forms. I have recently been made aware that she has had the deeds to the property changed into her name only, is this normal and can it be done without my consent?

Our Response:
Where there is no Will, the next of kin applies to become a "Personal Representative".This means that she getsGrant of Representation and will administer the estate; pay of any debts owed by your dad's estate then sell property etc so that the money can be divided between those who inherit under intestacy rules (you and your siblings). Ask her why she has changed the property deeds into her name (seek legal advice on this if necessary)
FacingBereavement - 10-Aug-18 @ 1:59 PM
My auntie passed away who was married but her husband passed away a few days before she did. They had no children and no will. Her sister is still alive (my mother) but they haven't spoke for more than 10 years. I was the closest family member to my auntie always visiting and helping out and they always said they wanted everything to go to me (but nothing in writing). Will all there possessions go to my mother automatically or is there something I could do?
angels - 9-Aug-18 @ 8:28 PM
My dad passed away without leaving a will, I went to the solicitor with my sister and was advised that the process of probate would be quicker if just my sister applied as then they would only be waiting for her to sign forms. I have recently been made aware that she has had the deeds to the property changed into her name only, is this normal and can it be done without my consent?
Conker55 - 9-Aug-18 @ 10:27 AM
Mark - Your Question:
My mother passed away o and left a life insurance. She left no will. Grant of probate is needed to make a claim. HM Courts and Tribunal said the husband of the deceased is needed to make the application. My father left us long time ago. They were separated but not applied for a divorce. He does not live in UK and I have no contact with him. Can you please advise me on what to do. Many thanks

Our Response:
Have you tried a tracing service? A solicitor might be able to help you with this.
FacingBereavement - 6-Aug-18 @ 12:44 PM
My mother passed away o and left a life insurance. She left no will. Grant of probate is needed to make a claim.HM Courts and Tribunal said the husband of the deceased is needed to make the application. My father left us long time ago. They were separated but not applied for a divorce. He does not live in UK and I have no contact with him. Can you please advise me on what to do... Many thanks
Mark - 4-Aug-18 @ 5:48 AM
My dad has passed with no will and a sibling who would have a claim told me the other day that his name is not on the birth certificate. Will this hold up the probate side of things
Gypbub - 29-Jul-18 @ 7:32 PM
I have only just found out, that my Uncle died, back in May this year. He had a partner for over 40 years, who he lived with, in her house. Last year, they decided that they should go their separate ways and he returned to his own house. Soon after he returned, one of my Cousins and her Son, made a surprise visit to him. They hadn't see him for about 40-50 years. My Uncle owns a large piece of ground at the bottom of his garden. The Son was pressurising him, to give him his deeds for the house and wanted to build houses on the ground. My Uncle said 'no'. Soon after they left, he discovered that the deeds were missing. My Uncle took him to court for this. Somehow, they have obtained a grant and the titles of 'Administrators'. My Uncle died Intestate. No one went to the funeral, we were not told of his death and do not know where the funeral took place. My Uncle still has 2 Sisters living, who come before my Cousin and her boys. There are (including me) 12 nieces and nephews also. What can we do about this?
Leogirl - 27-Jul-18 @ 5:20 PM
Hi My mother has just died 6 months after my father passed away. My parents didn't leave a will and my sister has all the paperwork.I asked my sister about the money that I knew my parents had and wanted us to share between us (less than £40000 in total) My sister has informed me that she is keeping it all because she says my parents told her that is what they wanted and she is also saying I knew this.This is a complete fabrication. A few weeks before my mother passed away she told me there was money for us both.I have tried to be civil with my sister but she refuses to deal with me.I don't know what to do next
Sky - 17-Jul-18 @ 11:28 AM
Hi my brother passed away in March in testate. He has 2 daughters, one with his wife who he had only been married to for just short of 3 years before his death. His wife’s name is on the deeds of the house but my brother paid for it. Can we stop his wife getting probate? Where do we stand as his direct blood family. Relations with sister in law are not good and weren’t before my brother passing!! Thanks
Herbie - 11-Jul-18 @ 9:43 PM
My father died intestate 2 years ago.Probate was granted 5 months later. There are 7 half siblings. One sister was administrator and has received £100,000 of my father's money, money because he died whilst still working for the local authority and money from bank accounts etc. 2 years on and this has not moved forwards. We do not know what has happened to that money. Another sister has taken her to court on our behalf to remove her as administrator which was successful. The court ordered she handed over all the originals of paperwork she has but instead she has handed over copies. She is now not responding at all. There is a property to be sold. She has allowed to people to live in this property who are paying rent. She has listed the address as a business. What can we do to move this forwards and bring it to a conclusion? How can she get away with this? I would really appreciate your advice.
Alice - 11-Jul-18 @ 9:16 AM
We have been advised by a solicitor that there is a chance we will get the money passed to us..when you say not really, is that a no or not sure? thanks
Stuart - 6-Jul-18 @ 10:50 AM
Stuart - Your Question:
My sister passed away 5 weeks ago, she was not married or had any children.Her estate falls under law to our parents, who both have dementia.Is there any way we can protect our sisters money so it falls to my brother and I in future?

Our Response:
Not really. If your parents both suffer from dementia, do you or your siblings hold power of attorney? You could at least ensure that any money spent on social care was spend wisely.
FacingBereavement - 5-Jul-18 @ 3:40 PM
My sister passed away 5 weeks ago, she was not married or had any children. Her estate falls under law to our parents, who both have dementia. Is there any way we can protect our sisters money so it falls to my brother and I in future?
Stuart - 5-Jul-18 @ 2:15 PM
girlie - Your Question:
My dad died no will debt and no money at all had a taxi business cars repossessed as no money to pay off debts. A tax return has come to me for my deceased dad saying I am representative I haven't put myself forward for this so am I automatically a representative as I signed death certificate. There is nothing in his estate he died with debt and no assets. I am not applying for probate as can't afford to pay any charges as I am on limited budget personally. Any advice please help.

Our Response:
If the value of the estate is not enough to cover the debts, the estate is ‘insolvent'. Whoever is the estate's executor it is important to seek advice from a legal professional as debts will have to be prioritised and creditors informed. If this isn't done properly you (as the executor) may be liable for the debts.
FacingBereavement - 2-Jul-18 @ 2:36 PM
my dad died no will debt and no money at all had a taxi business cars repossessed as no money to pay off debts.A tax return has come to me for my deceased dad saying I am representative I haven't put myself forward for this so am I automatically a representative as I signed death certificate.There is nothing in his estate he died with debt and no assets. I am not applying for probate as can't afford to pay any charges as I am on limited budget personally. Any advice please help.
girlie - 1-Jul-18 @ 6:52 AM
My sons dad died his wife has a house my sons dad had s house in there own right . Also they have a joint house . He had left no will what happensnext ? Also she has a daughter which was his stepdaughter how is everything divided ? Dose my son have a right to anything ?
Mates - 19-Jun-18 @ 5:18 PM
Rach - Your Question:
My mum has died from cancer, no will and leaves a mortgage behind of £250,000. She wasn't living in the house, was living on her business premises but paying mortgage on her own property each month. The house has been valued at around £225,000. Me and my brother (only us no other children) are happily dealing with everything together. My mum did not have a will. I have spoken to mortgage company who've said we will keep house for 12 months before they look at repossession. Dlmy mum had no assets. Do I have to apply for probate or letters of administration. As far as I can see we don't need it. Can anyone advise.

Our Response:
Probate is usually needed if the estate is small - but usually if an estate contains property or has a value of more than £5000, it won't be considered a small estate, so probate may be needed. If there are likely to be debts arising from the death, you should seek professional help. You should also check that there were no insurance policies in place that might help to pay off the mortgage debt.
FacingBereavement - 18-Jun-18 @ 9:24 AM
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