The death of a loved one is a challenging time for anyone, and probate disputes following the death of a parent are becoming more common, but what happens if a parent dies without a Will?
When creating a Will, you appoint one or more executors to apply for probate and divide the estate to beneficiaries as outlined in the final Will.
However, where no executor was chosen or no valid Will was created, there can be disagreements and significant inheritance disputes between families and loved ones.
Intestacy rules
When somebody dies intestate in the UK, their assets are distributed in accordance with intestacy rules, which can cause a significant level of stress and tension for families.
Intestacy rules mean that the majority of an estate goes to the surviving spouse, and if there is no surviving spouse or Civil Partner, then the entire estate passes to children in equal shares.
All surviving children have an equal right to deal with the estate and can apply for a grant of letters of administration, but this can lead to further disputes if no agreement can be made over who takes on this role.
If a parent dies without a Will and you are handling the probate process, you must first attempt to reach an agreement with your siblings via your solicitor. If this is unsuccessful, then mediation meetings can be arranged to attempt to resolve any issues.
If there is still no agreement on how to proceed, then court action may be
required.
Creating a Will
The complex nature of modern families, with the rise of the blended families and step-children, can create issues when it comes to Wills and inheritance.
This makes it even more essential that not only do you create a Will but that you ensure it is up-to-date following any significant changes in your life. This includes events such as marriage, divorce, the birth of a child or grandchild, or the death of a loved one that may be included in your Will.
Individuals should seek expert legal advice when creating a Will, to ensure that their wishes are carried out upon their death, and to avoid any costly mistakes.
For help and advice on matters relating to Wills, estate planning and probate, contact our expert team today.