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Wills and intestacy

What is Intestacy?

Intestacy is the legal term for dying without a valid will. When someone dies intestate, their estate cannot be distributed according to their wishes (because no legally binding wishes have been recorded). Instead, the law decides who inherits.

Why does intestacy matter?

If you die without a will, the people you would have chosen to look after may receive nothing. A partner you were not legally married to or in a civil partnership with has no automatic right to inherit under intestacy law. Neither do stepchildren, friends, or charities, however long or close the relationship was. The Rules of Intestacy are not cruel by design, but they are rigid.

The Rules of Intestacy in England and Wales

  • A surviving spouse or civil partner inherits the personal possessions, the first £322,000 of the estate (£270,000 if the death was before 26 July 2023), and half of anything remaining above that amount
  • Children inherit the other half of anything above that amount equally, and receive the full estate if there is no surviving spouse or civil partner
  • If there are no children, other relatives inherit in a defined order: parents, then siblings, then half-siblings, then grandparents, then aunts and uncles
  • If no qualifying relatives can be found, the estate passes to the Crown

What if you are not sure whether there is a will?

Before assuming intestacy applies, make every effort to find the will. Search the home thoroughly, contact the deceased’s solicitor and bank, and check the National Will Register. Only once you have exhausted every reasonable search should you proceed on the basis that no will exists.

How does intestacy affect the Probate application?

Where there is no valid will, you apply for a Grant of Letters of Administration using form PA1A rather than a Grant of Probate using PA1P. The process is broadly the same.

How YouCanDoProbate helps with intestacy

YouCanDoProbate includes a built-in Intestacy Walkthrough that guides you through the family circumstances step by step, confirms who is entitled to inherit and in what proportions, and uses those answers to complete the PA1A and IHT400 automatically.

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Trustpilot five star rating
Easy to use

Easy to use , never needed to contact them , awaiting the grant but confident having used you can do probate I’m not expecting mistakes

Debbie Zappa
Trustpilot five star rating
Obtaining Probate need not be daunting.

I had obtained Probate twice before this one so the process was not completely unknown to me. However, since my last effort there have been changes to the process, so I looked for guidance and found YouCanDoProbate and decided to use them and their package. I cannot recommend them highly enough – the package and the support that accompanies it is superb. Thank you so much.

Thelma
Trustpilot five star rating
YCDP gave me the control I desired

After the death of my beloved Father, I didn’t want the costly, frustrating, time consuming process of dealing with solicitors regarding what I thought was a legal process. It is in fact an administrative task which everyone is capable of doing. I decided to go ahead with YCDP and if it was sucessful for me I would share my experience so that everyone could make YCDP their first consideration before speaking to solicitors. The Support team/Tom are 10 out of 10 as they helped me with all my questions right from the start and along the journey. I have never experienced service support of this high standard EVER across any section.

K S WILLIS
Trustpilot five star rating
Brilliant, easy to follow website for probate

Brilliant website, made the probate process for my dad’s estate very easy, and simple to follow. Forms populated at the end with no bother at all, and downloaded easily. I only needed one question answered which I got with online chat immediately. Highly recommend. So much better than paying £££ for law firm to do it. Thank you!

Mandy Byrnes
Trustpilot five star rating
Save £2000 pr more by using You Can Do Probate

YouCanDoProbate saved me over £2000 (maybe £2500). Their fee of £399 bought me access to an online process that took me step by step through what would otherwise have been a very daunting task – as I suspect it would be for most people. The objective is to obtain a Grant of Probate and however many copies you require. The fee also includes advisors on the end of a telephone should clarification or advice be required – and when one was not immediately available they called me back very quickly. I called them 3 or 4 times and each time the advisor was patient, thorough, very knowledgeable and extremely helpful – each time stressing that if I had further questions I should not hesitate to call them again. The online process (which comes with a comprehensive online guide for each section needed to be completed) called for a lot of information to be entered; mostly regarding the banks, building societies, funeral expenses and much more but if it is not immediately to hand, the process allows you to step out as may times as you like and all the information already entered is retained. It can seem daunting at first but the more I stuck at it, the easier it seemed to get. The end result of the online process is a PA1P Probate Application form which is 90% auto-filled based on the information I entered as I stepped through the online process. Depending on circumstances, other forms may also need to be generated. Once I printed out the form and checked it over, it was simply a case of sending it to HM Courts and Tribunal Service along with a death certificate and the original will (in my case) along with a cheque for £300 plus a £1.50 fee for each Grant of Probate copy required. I believe that had I gone through a solictor to apply for a Grant of Probate, I was probably going to have to pay around £3,000 so YouCanDoProbate saved me a lot of money. I could not recommend them highly enough.

Ian Boulton
Trustpilot five star rating
Terrified about probate, worry not!

I was terrified about tackling Probate on my own, but the Bereavement Association recommended YouCanDoProbate. First I phoned up for some advice and without even buying the programme, got first rate advice. It was easy to use, the information was clear and written in plain English, no legal jargon. Whenever I phoned the helpline I was greeted by a friendly voice, no call centre, and the information and reassurance was excellent. I could not recommended this enough.

Karen
Trustpilot five star rating
Straightforward and easy to use system

Straightforward and easy to use system. Definitely recommended.

AlanT
Trustpilot five star rating
10/10

It was so easy ,a couple of teething problems that were sorted out quickly by the contact team .I would recommend this company highly,if your probate is pretty straightforward it’s a must and will save you money,it’s a 10/10 for me

Mr huntbach
Trustpilot five star rating
Easy to use and great support – would recommend

I am a qualified accountant (although not a tax specialist, so no IHT experience), but even had that not been the case I’m sure I would have found the software easy and intuitive to follow. Helpline queries were answered very quickly and helpfully (within 24 hours). Absolutely didn’t need a solicitor. All 13 IHT forms were generated for me which I’d never have been able to do without help. I decided to apply for the probate certificate online to save time and just took the printout from the software and replicated it on the probate portal – again very easy.

customer
Trustpilot five star rating
Everything clearly explained.

Explained everything clearly. Guided one to do everything in order. You can save what you have inputted, and come back when you have further information. You can’t proceed until you have given all the correct information. Expensive but foolproof.

Patrick Lynn
Trustpilot five star rating
Excellent service

Clear, easy to follow information and instructions on the website; helpful, knowledgeable and friendly staff who were quick to respond to all of my queries either on the phone or by email; really speeded up and simplified the process of applying for probate.

Suzie W
Trustpilot five star rating
Supportive staff team. Confidence.

The staff team were supportive and return calls were reasonably prompt, its important to account for other customers feeling swamped by the experience too. The online forms were clear and the finance running totals displayed at the top of the form so calculations are as exact to the info you put in to the form. I liked the fact that I felt more confident in completing probate, that I did not feel silly when asking questions. The team are respectful and account for the emotional situation you fnd yourself in.

Betty Tuur
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Additional costs: The probate registry fee of £526 (for all estates over £5,000) and any additional official copies at £2 each. (Payable directly to HM Courts and Tribunals Service by cheque or postal order, enclosed with your application forms).
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© YouCanDoProbate • YouCanDoProbate is a trading name of Kabing Ltd.
YouCanDoProbate is an online platform providing legal forms and information. YouCanDoProbate is not a law firm and is not regulated by the Solicitors Regulation Authority (SRA). Our online probate and inheritance tax service is an online platform providing probate and inheritance tax forms and information to allow you to complete inheritance tax returns and apply for probate yourself. Our telephone, email and livechat support provides guidance only, we do not provide bespoke advice, including estate planning or tax advice and it is not a substitute for a lawyer’s advice about complex estate planning or tax issues.
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