Intestate – what does it mean and how can we help?
A properly executed will can be contested but, usually, it determines the way an estate will be divided after someone passes away. If they did not leave a will, the estate is said to be intestate and it is likely to be divided according to legal guidelines. These say that the estate passes to the next of kin.
If you are the beneficiary of an estate that is intestate or you are not and think you should be, these are both situation that Andrew & Andrew can help with when you engage us as your probate solicitors in Portsmouth.
Who is the next of kin?
When an estate is intestate, inheritance is granted to the next of kin. This is either a blood relative or a spouse. If someone is divorced, their ex-partner may be entitled to something depending on the terms of their divorce or if they wish to make a claim on the estate.
The line of inheritance flows downwards through the deceased’s offspring and onto their grandchildren, great-grandchildren and so on. If there are none then it flows upwards to parents. Finally, it then moves collaterally through brothers and sisters and then downwards through their children. If the next of kin cannot be identified then the estate passes to the state.
What can you do if you are not the next of kin?
Sadly, people often pass away and do not leave a will and this adversely affects the family they leave behind if they are not blood-relatives of the deceased. This could include step-children, for example, or a partner who was not married to the deceased. If this applies to you then you can contact us at Andrew & Andrew to see if there is any action you can take. We will act as your probate solicitors in Portsmouth.
You may be able to apply to a court for support from the deceased’s estate. You may also be lucky enough to be on good terms with the next of kin and they could be willing to give up some or all of their claim on the estate. We can help you with the administration surrounding this process when we act as your probate solicitors in Portsmouth.