Claims on Estates When There is No Will

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Claims on Estates When There is No Will 

If you lose a loved one and there is no will in place, this can make managing and dividing the estate complicated, which can be incredibly stressful at an already difficult time. When this happens, the ‘rules of intestacy’ establish who can inherit from the estate; however, these don’t always reflect the deceased person’s personal relationships or wishes. 

Our expert team of will and inheritance disputes solicitors is able to help you make a claim on the estate in order to claim what you may be entitled to and try to resolve the dispute effectively, reaching an outcome that you are happy with. 

Making a claim on an estate can be complex, especially if there are international assets or multiple properties involved, and requires the assistance of a will and inheritance disputes solicitor experienced in handling such matters. For that reason, it would not be suitable to instruct a commercial litigator or private client solicitor to assist you if you are seeking legal assistance with a dispute over the estate of someone that has passed away and you should consult a specialist. 

For cost-effective advice from our will and inheritance disputes solicitors, get in touch today on 0345 872 6666, or complete our online enquiry form and one of the team will be happy to advise you.

How JMW Can Help 

We can help you contest probate if a loved one has died but left no will and you want to understand or challenge how their estate has been divided.

The will and inheritance disputes solicitors at JMW have experience helping many different people with various aspects of probate disputes and have worked with individuals, families and professionals, including charity groups, business leaders, entrepreneurs, entertainers, sports and medical workers, on a wide variety of will dispute claims. 

We can help you with specific issues such as:

  • If the unmarried partner of the deceased has not been provided for 
  • Disputes regarding who should administer the deceased’s estate 
  • If a child/dependant has not been reasonably provided for 
  • If an estranged spouse inherits the estate or part of it 

At JMW, our expertise is highlighted by our professional accreditation through the Association of Contentious Trusts and Probate Specialists (ACTAPS). We are also affiliate members of the Society of Trusts and Estate Practitioners (STEP), including membership of the Special Interest Group for Contentious Trusts and Estates. 

Whatever your personal circumstances regarding the administration of a loved one’s estate, we’re confident we have the necessary expertise to successfully guide you through the entire process. As a result, by turning to JMW, you can rely on industry-leading support, professionalism, knowledge and expertise throughout every single step, with specialist advice tailored to your specific circumstances.

FAQS ABOUT ESTATES WITH NO WILL

Q
How do I contest an estate if there is no will?
A

If a person dies with no will in place, this is called ‘intestacy’. The rules of intestacy identify who can inherit from the estate. However, this can be complicated as these rules may not fully reflect the deceased person’s personal relationships or wishes. A successful challenge to the outcome of intestacy can still be made. Our will disputes team will be able to advise on this. 

Q
What happens to an estate if there is no will?
A

In the majority of cases, the estate of a person who has died without a will in place is divided according to the intestacy rules.

Q
What is intestacy?
A

When a person passes away without a will in place, they are described as having died intestate. This means that their estate will be distributed according to the rules of intestacy.

Q
What are the rules of intestacy?
A

The rules of intestacy refer to a statutory set of rules in England and Wales that are enforced if you die intestate - these rules are different in Scotland. The rules establish how the estate will be divided, without taking into consideration the deceased’s intentions or wishes, meaning estates can be divided in an unexpected and unwanted way, sometimes leaving an unfair outcome. 

Talk to Us

To speak to a member of our team about a wills dispute, or to arrange for an initial meeting, call us free on 0345 872 6666, or complete our online enquiry form and one of the team will be in touch.