Your Will Matters » Intestacy

Over a year from first contact to signing!

Bill Ryan — Mon, 19 Jul 2010 08:59:27 +0000

Many people put off making a will because they can.

Those who make the decision to get a Will sometimes take a long time to actually do ‘the deed’ as well. In one case, I had first contact with a particular client and an appointment made which had to be cancelled. For one thing and another – mainly because they were too busy – the appointment was not reset until about 8 months later. Then it took another 7 weeks to deal with the draft will and then another 10 weeks to get the signing (attestation) sorted out.

In all it was over a year, which is a record for me.

I suppose a lot could have happened in that intervening year of delay a.k.a. an extra year of potential intestacy and lack of guardians appointed – just saying!Similar Posts:

What is Probate?

Bill Ryan — Wed, 02 Sep 2009 11:48:29 +0000

‘Probate’ is a term used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’.

If the person who has died leaves a Will

Normally executors named in the Will deal with the person’s affairs after their death.

An executor applies for a ‘grant of probate’ from the probate registry. The ‘grant’ is a legal document that confirms that the executor has the authority to deal with the deceased person’s assets etc.

Typically it is used to access funds, sort out finances, to collect and to share out the deceased person’s assets in accordance with the terms of the Will.

If the person who has died didn’t leave a Will

If there is no Will, a close relative of the deceased can apply to the probate registry to deal with the estate.

The application is then for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate.

Just like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

Is it difficult?

The amount of work required to complete Probate depends on the complexity, the types of assets, and legal or tax complications. There is also a heavy legal responsibility placed on an executor to distribute the estate properly. This can be an onerous responsibility.

It may be desirable to use a professional to deal with probate if the estate is complex or if there is nobody suitable to carry out the role. Sometimes a professional is employed to avoid making choices between siblings!

If you would like to find out more about our Probate service, making a Will, getting a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

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300,000 die each year without a will

Bill Ryan — Tue, 11 Aug 2009 09:16:38 +0000

I was watching Heir Hunters again. The programme starts with the powerful statement that 300,000 people a year die in the Britain without a Will.

This is a BBC programme about a firm of ‘Heir Hunters’ called Fraser & Fraser. They start by searching the weekly Bona Vacantia list of persons who die intestate and without known kin.

The Treasury Solicitor provides the list as it is the body responsible for the administration of these estates.

What is astounding is the sheer volume of people who do not make Wills. Programmes like this serve to highlight the issue of intestacy, which judging by the success of Fraser & Fraser is a enduring state of affairs.

From time to time there are surprising results. Not just distant unknown relatives inheriting tidy sums. Several times estranged and very unpopular close relatives found new weath dropping in their laps, which they surely never would have benefitted from if there had been a Will in place.

It certainly is the case that some people make their Wills driven by a concern of ensuring a particular brother or sister can’t inherit, which might happen if they died intestate.

If you would like to find out more about making a Will, or a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

Marriage Can Make You Intestate!

Bill Ryan — Tue, 09 Jun 2009 12:49:03 +0000

Marriage is a wonderful institution but is has one side-effect you may not have bargained for.

If you have a Will at the time get married you may be surprised to know that the Will is invalidated by law. There is one exception though and that is that the Will was made in contemplation of marriage. Put simply you must mention in the Will that you are getting married to your future spouse. This applies equally to Civil Partnerships.

So lots of people may think they have a perfectly good Will but in fact do not have a valid Will at all. This could lead to a whole raft of problems for those you care about most.

This is yet another reason for having your Will reviewed every few years because circumstances change and your Will should reflect that.

If you would like a free no obligation Will review or if you want to arrange a visit please call Bill Ryan on 01225 582582 or 07942 959599. Alternatively use the contact page and you will be called back shortly.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

What is a Will?

Bill Ryan — Mon, 18 May 2009 11:32:15 +0000

A Will is a legal document left by the deceased giving instructions on what should happen after his/her death and how the estate should be divided. Everyone knows they should have one, but often do not understand why. It is the single most important part of effective Estate Planning.

What happens when there is no Will?

Making a Will is the only way to ensure that your wishes are carried out after your death. If you have not made a valid Will, your property (often called your estate) will pass on according to the law of intestacy. This may not be what you want to happen. It is also likely to take much longer to finalise your estate than if you had made a Will. You should be aware that during this time your beneficiaries may be unable able to draw any money from your estate. It can lead to arguments and unnecessary distress for relatives.

Matters to consider

If you are single, you will probably want your estate shared out between friends, relatives and charities of your choosing and in the amounts that you want.

If you are married, it is wrong to assume that your partner will get everything. Brothers, sisters or parents may have a claim. You children have a right to part of your estate. If you are living as a couple but not married or in a civil partnership, you will be treated as a single person and a surviving partner may get nothing at all. You can be certain that there will be uncertainty at a time when the family are trying to cope with the loss of a loved one.

If you are a parent, you should think about who would look after your children in the event they are orphaned. It will not automatically be the children’s God-parents. A valid Will nominating
guardians is essential. If no one knows what you would have wanted, the Court will decide on the future of your children, and it may not be what you or your children would have wished.

If you are retired, maybe you made a Will a long time ago. It may need updating to include additional grandchildren or take account of financial problems some of your children are in. It may need to reflect that you no longer wish to leave anything to some people. It may be that you are concerned about care home fees.

Whatever your circumstances, making a Will is the only way to ensure that your wishes are carried out. So what are you waiting for? If you would like some advice or to arrange a visit please can call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

New rules for distribution of an estate following intestacy.

Bill Ryan — Thu, 05 Feb 2009 11:34:00 +0000

New Intestacy Distribution Rules are now in force.
The new statutory limits for Intestacy are:

As of 1 February 2009 there are a new set of figures for distribution of a deceased person’s estate following intestacy.

£250,000 (from £125,000) where there is a surviving spouse or civil partner and children.

£450,000 (from £200,000) where there is a surviving spouse or civil partner and parents or siblings, but no children.

In each case, for estates with a valuation lower than the statutory limit, the spouse or civil partner will inherit the entire estate.

Application of the statutory limits

When the estate exceeds the minimum (i.e. the statutory limits) the rules apply as follows:

For a spouse or civil partner, and children:

The spouse or partner gets the personal chattels, the first £250,000 and a life interest in half of what is left.

The children of the deceased, share between them half what is left straight away, if they are 18 or over; and the other half when the surviving parent dies.

For a spouse or civil partner, and relatives but no children:

The spouse or partner gets the personal chattels, the first £450,000 and half what is left.

The parents of the deceased, or if they have died, the siblings or their descendants, share the other half of what is left.

If there is a spouse or civil partner, but no other relatives:

The surviving spouse or partner gets everything.

If there are children, but no living spouse or civil partner:

The children share everything equally.

If there is no spouse, civil partner or children:

Everything goes to the next available group of relatives.

Finally, if there are no available relatives the estate in its entirety goes to the State.

The Justice Minister, Bridget Prentice, commented that many people wrongly assume that when their partner dies, they will automatically be entitled to everything. Clearly this is not the case and the importance of making a will cannot be over-emphasised. In other words Intestacy can be a problem!Similar Posts:

Intestate Somerset farmer leaves a right mess!

Bill Ryan — Sun, 01 Feb 2009 11:54:06 +0000

David Thorner, 58, from Wookey, near Wells, worked unpaid for his father’s cousin, Peter Thorner, at Steart Farm, Cheddar, for 30 years. For 15 years David also helped care for his then frail relative. Peter died intestate in 2005 having revoked an earlier will under which David would have inherited the farm.

Last year Judge John Randall QC found in favour of David Thorner’s plea that Peter was bound by conscience to leave him the 200-acre estate. The Judge ruled that Mr Thorner should inherit the farm worth over £2 million and Peter Thorner’s sisters and niece should share £750,000.

The Appeal Court reversed the decision, awarding the whole estate to the sisters and niece. Lord Justice Lloyd commented that the source of the dispute rested with Peter’s failure to make another will before he died.

Now before the House of Lords. Mr Thorner asked the Lords to rule he should inherit the farm, as he would have done under the original will.

Papers before the Lords indicated that Peter Thorner gave David Thorner “unstinting help” over the years. He never received money for his work and lived with his parents until they died with his only income being the pocket money they gave him.

The hearing continues and will focus on complex arguments over the laws of intestacy.The decision make take some weeks.

One thing is clear, having no valid will has caused a lot of anxiety for all parties and created a lot of lucrative work for the probate lawyers. A right Somerset mess!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

Happy New Year but no Will?

Bill Ryan — Tue, 30 Dec 2008 21:02:55 +0000

When someone dies without a Will they are said to be intestate. What happens next is dictated by the law and in particular, the laws of intestacy. In many cases the distribution of assets may lead to a result far from that desired or intended.

One example is that the intestacy laws do not recognise unmarried couples. Therefore, an unmarried surviving partner would have no right to any of the deceased partners’ assets under the ‘normal’ law on intestacy. There might be a chance through legal action but there is no certainity of a successful outcome.

In the case of a married couple with children, the surviving spouse is currently entitled to the first £125,000 of the deceased spouse’s sole assets plus a life interest (an income) from the remaining half.

Just from the two examples above it can be seen that many problems could arise in these circumstances!

So please make New Year Resolution to make or update your Will. Use a professional specialising in Wills and Estate Planning to ensure that your affairs are in order.

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts: