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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, and half of anything remaining above that amount
  • Children inherit the other half of anything above £322,000 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
How to do Probate the easy way

My experience of using the YouCanDoProbate programme has been good and certainly it is a well put together one. Firstly it specified the information which would be required by the Probate Office so that I could save time when using the programme. It then went on with what is basically a copy of the Government sheets so that the information could be added. Adding the information required was not as easy as it would seem.This was not a fault of the programme, but rather the way the person who had designed the sheets for the Government had expressed their requirements. On several occasions I was a bit stuck and and sent a message to YCDP requesting assistance. I found that they could not have been more helpful and I would like to thank both Adam and Tom for their assistance. They both answered my queries and made it clear that they would spent as much time as was necessary in doing so, very much a PLUS point in this day and age where many companies cannot get away fast enough. They would contact me either by phone or email, whichever I preferred. Another thing that I particularly liked was that the programme would not allow me to tick the box as finished in error, until each section it was complete. By doing so it meant that the Probate office should not have to return it as incomplete. The current programme is designed to cater for a maximum nett figure of £325,000 before Inheritance tax is payable. There are circumstances where there is only one son or daughter who will inherit and the Government will allow up to a nett figure of £500,000 before Inheritance Tax is due, and I was informed that they are working on an amendment to the programme to allow for this. I can fully recommend this programme which is considerably cheaper than putting it in the hands of a Probate Specialist.

Brian Pullin
Trustpilot five star rating
Excellent produce and service

Looked carefully at online support for undertaking probate and decided to use this company due to the consistently high Trustpilot feedback. It did not disappoint. The process is easy to follow, excellent support documentation and I made use of the Support telephone service once – which was prompt and helpful.

angela french
Trustpilot five star rating
I was bit hesitant about using them

I was bit hesitant about using them, but OMG im so glad I made initial contact with them, they were so helpful, they answer my questions & put me @ ease, solicitors quoted thousands to do it for me, so I took the plunge, had forms to fill out & if u had any questions they were only a phone call away definitely 10/10

Sue
Trustpilot five star rating
Excellent and easy service to use and a great price

We decided to use you can do private after realising how much a solicitor would charge us The forms were easy step by step all information and questions we needed to ask were easily found. The online and telephone support was excellent we are still going through it as takes up to 16 weeks for it to be completed We were very impressed and so would our dad be if he thought it was saving us money

Amanda Gilbert
Trustpilot five star rating
Very easy to follow step by step…

Very easy to follow step by step instructions

Dougie
Trustpilot five star rating
spot on

spot on. thanks.

Joe Pappy Dixon
Trustpilot five star rating
Throughout the process

Throughout the process, every time we were unsure of something a representative (Tom) of Youcando Probate was at the end of the phone and could not have been more helpful. The whole process was easy and quick to complete.

Nigel
Trustpilot five star rating
Couldn’t fault these guys.

Couldn’t fault these guys. Easy to navigate through the site and they were on hand to speak to when needed. No need to use a solicitor which made a refreshing change. A difficult time was made so much easier. Don’t use anyone else, these are the people to use when having to deal with probate.

Richard Knight
Trustpilot five star rating
Brilliant system

Really pleased to have come across this service. The system was easy to use and the support provided was really helpful when I wasn’t sure what info to enter. From my perspective the cost was negligible for the peace of mind the system and team provided. Probate was granted within 8 weeks. Highly recommended.

nigel
Trustpilot five star rating
This is a fabulous piece of software…

This is a fabulous piece of software and wonderful support. I have never had to go through the process before and the software made it simple and manageable. When I had a question, they were very very quick to respond and gave me all the time I needed and super advice which saved me time and money. Fabulous company, I highly recommend.

customer
Trustpilot five star rating
This is an exceptional service.We were…

This is an exceptional service.We were quoted over £7000.00 from solicitors .The process for us was very straight forward .The forms and support to complete the probate were provided and we could take our time to complete.Downloading was straight forward . Probate forms were sent off and Grant of probate received within 6 weeks. Highly recommend using this service . Thankyou.

kerry jane jones
Trustpilot five star rating
Fantastic programme and support

Fantastic programme and support. I spoke to Adam a few times and he was extremely helpful. Applying for probate can be challenging despite having reasonable knowledge of the process. I did the probate for my late mother and once I had the codes from HMRC got the probate within 10 days. Best to do the probate process online rather than sending the paper forms. All you have to submit to the probate office is the original will. I would recommend this company highly as all the solicitors would do is to supply them with the relevant paperwork and charge a large sum for doing what I did in 2 hours.

Dr Mayur Shah
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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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