What to do if there is no Will

If you find yourself in the unfortunate situation that your loved one has died and they have not left a Will, then the estate will be shared out in line with certain rules known as the “Rules of Intestacy”. If the value of the estate warrants it (i.e. is over the probate threshold which is commonly between £5,000 – £50,000), then you will need to obtain Letters of Administration.

What are Letters of Administration:

This is also known as a Grant of Letters of Administration and is a court document that appoints the appropriate person to deal with the deceased’s estate where there is no Will; once obtained this gives you the legal right to administer the estate.

Who is an Administrator:

This is the person named in the Letters of Administration and they have the legal right to administer the estate. They are usually the deceased’s next of kin under the intestacy rules.

What are the Administrator’s responsibilities:

They have a wide range of responsibilities which include:

  • Registering the death
  • Conducting a search to ensure there isn’t a valid Will
  • Valuing the estate
  • Reporting to HMRC
  • Paying any inheritance tax which may be owed
  • Applying for Letters of Administration
  • Collecting the assets of the estate and paying any debts and taxes
  • Distributing the estate to the rightful beneficiaries

Who can apply for Letters of Administration/who can be the Administrator (in priority):

  • the husband, wife or civil partner of the deceased
  • children of the deceased which includes adopted children
  • the deceased’s parents
  • the deceased’s brother or sister
  • the deceased’s Grandparents
  • the deceased’s aunt or uncle

In some circumstances where minor children are involved, there may need to be two people applying.

When can you apply for Letters of Administration:

Once you have valued the estate, if there is no Inheritance Tax to pay and the estate doesn’t need to be declared to HMRC for any other reason (for instance large lifetime gifts, assets in trust or you need to claim the residence nil rate band), you can proceed to complete the probate application online or if you do not qualify to apply online prepare the paper application PA1A.

If there is inheritance tax to pay or the estate needs to be fully accounted to HMRC for another reason, then you need to complete and file form IHT400 with HMRC and pay all Inheritance Tax which you are liable to pay. You then need to wait for HMRC to send a code to confirm that the Inheritance Tax account has been processed. You will need this code for your Letters of Administration application. Once you have this code, you can then proceed to prepare this application online or if you do not qualify to apply online prepare the application form PA1A. Please be aware that HMRC charge interest on any late payments of inheritance tax.

What happens when you have the Letters of Administration:

Once you have received the Letters of Administration, the Administrator can then start closing accounts, collecting assets, selling any properties, settling debts and distributing the estate in accordance with the intestacy rules.

Can I deal with Letters of Administration myself:

It is possible for you to deal with the Grant (Letters of Administration) yourself, but it can be stressful or overwhelming, and sometimes complicated. It also carries risk because as an Administrator you will be personally responsible for making sure the estate is dealt with correctly such as interpreting the rules of intestacy, reporting to HMRC, declaring the estate position to the Court, dealing with any unpaid debts or if the beneficiary does not receive the correct inheritance. To avoid any stress or risk to you, you can always instruct a firm of solicitors to deal with this on your behalf. My Probate Solicitors are here to help, and we will support you throughout the journey.

Importance of having a Will:

As can be seen above, the Rules of Intestacy can quite often be unfair, particularly to those who are not married or in a civil partnership. To ensure that your loved ones are taken care of when you are gone, it is very important to prepare a Will, so you can clearly set out your expresses wishes. Here at My Probate Solicitors, we have a Will drafting service where our experts can service your particular needs.

This note is not intended to give specific legal advice and is prepared by My Probate Legal Limited trading as My Probate Solicitors, a limited liability company registered in England and Wales under registration number 15337116. Registered office: Centurion House, 129 Deansgate, Manchester, M3 3WR. Authorised and regulated (under SRA number 8007072) by the Solicitors Regulation Authority.