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If the deceased did not leave a valid Will (ie one that has been signed, witnessed and dated) then they are said to have died ‘intestate’. In this case, different rules apply. In most cases, the surviving spouse or civil partner will inherit the deceased’s personal possessions (sometimes called ‘chattels’) as well as the first £270,000 of the estate. In addition, they will be entitled to half of the remaining assets from the estate. In some cases, the deceased’s children or grandchildren may be entitled to receive half of the remaining balance. The closest living relative (eg spouse, civil partner, children etc) can apply to deal with the estate by applying for a Grant of Representation. Details for this can be found at https://www.gov.uk/applying-for-probate . However, dying intestate does not always mean that Probate is needed (for example, if the deceased left only savings or if any property was owned as ‘joint tenants’ with another person). As you can see, the rules of intestacy are complicated and you may find that you need to speak to a professional about how you should deal with the estate
If you need further advice or have any questions please call us on:
0300 13 123 53