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Wills and intestacy

Who Inherits if There is No Will?

When someone dies without a valid Will, the Rules of Intestacy determine who inherits the estate. These rules apply automatically and follow a strict priority order.

The inheritance priority order

  • A surviving spouse or civil partner: receives all personal possessions, the first £322,000, and half of anything above that. Children share the other half.
  • Children inherit equally if there is no surviving spouse or civil partner. If a child has predeceased, their children take their share.
  • If there is no spouse, civil partner, or children: parents, then siblings, then other relatives in a defined order.
  • If no eligible relative is found: the estate passes to the Crown as bona vacantia.

Who does not automatically inherit

Unmarried partners have no automatic entitlement, however long the relationship. Neither do stepchildren (unless adopted), friends, carers, or charities. An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires Court proceedings and specialist legal advice.

YouCanDoProbate’s Intestacy Walkthrough works through the applicable Rules of Intestacy for your specific family circumstances and confirms who is entitled to what.

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I found this service was very easy to use and straightforward. I have given it a 5 star rating and I would recommend it. I telephoned the helpline twice and was extremely happy with the help/guidence I received.

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Very good takes you through all steps. Don’t need solicitors

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This is an excellent service which is…

This is an excellent service which is very good value for money and lives up to its name – yes, you can do probate yourself if you use this platform. In particular, being able to call up and put your questions to an expert, without having to worry about increasing the cost, is a godsend and I wouldn’t have managed without it (thank you Tom!). The process is still time consuming and it isn’t easy, but this service makes it possible and way more affordable than using a solicitor.

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Patrick Lynn
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Straightforward and easy to use

Straightforward and easy to use, I’d recommend this to anyone. I’ve had to apply for probate on an estate with various investments, property and outstanding tax. I entered all information over a couple of days, prompted by they software. I think it would be hard to go wrong. I had questions answered very quickly either by phone or email. There was a slight glitch which resulted in incorrect tax form generation. I sent a query in on a service ticket and got a phone call over a weekend that resolved everything. My IHT400 and Probate were accepted and granted straight away. Providing you have all information about the estate to hand, this makes it very easy. Well worth the money. Thanks.

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Doing probate is pretty complicated and…

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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.

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Simple to use & follow

A very straightforward process to follow that demystifies the complexities when dealing with someone’s estate. Yes, you have to do a lot of the leg work in gathering the information first but you may well have to do that anyway when dealing with a solicitor. I found the website simple to use with an easy step by step process. The support information and guides were very helpful. When I did have an issue with printing the IHT forms, raising a ticket was easy and I had a response within an hour. It is a very affordable price that has saved us thousands of pounds. It would be good if you could now integrate using the online Probate application process rather than print out the forms in the future. Very recommended.

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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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