Matthew Watts, a Solicitor in our Wills & Probate team, discusses a recent case that highlights the significant consequences of dying intestate.
A Real-Life Intestacy Case Study
I have dealt with numerous estate administrations during my career, many of which have been intestate (where the deceased died without a valid Will). From the outset, these estates are often more complex to administer. One of the cases I am currently working on is an extreme example of the potential consequences of not having a valid Will in place.
Having previously been instructed by the deceased during their lifetime, Harding Evans advised them to prepare a Will. Unfortunately, they chose not to do so before losing the mental capacity required to make one.
The deceased then died intestate in 2018 leaving a relatively modest estate. Since then, we have been working with genealogists to identify family members and establish who is entitled to inherit under the intestacy rules.
To date, with the help of the genealogist we have identified 166 entitled beneficiaries.
The Challenges of Administering an Intestate Estate
To add further complications,12 of those have now passed away meaning their own estates are now entitled to inherit (either through their own Will or in lack of, through their own intestacy). A further 35 beneficiaries have been identified but cannot currently be traced, and 1 is a minor. The majority of those identified are based outside of the UK.
Due to the length of time it has taken to establish the family tree, our Administrator (the family member appointed by the court to be legally responsible to handle the estate) also sadly passed away. This has meant we have had to apply to the court for a special type of ‘Grant of Representation’ (the legal document issued by the Court to provide a person the authority to administer the estate) adding further cost, delay and complication to this matter.
We will never know the deceased’s true intentions however even if he did intend to benefit those 166 beneficiaries, I do question whether they had anticipated the cost and delay it has caused by not creating a Will clearing identifying all those individuals to benefit or by appointing their choice of Executor.
Dealing With an Intestate Estate
Though examples such as this are uncommon, intestate estates are not. Our experienced probate solicitors in Cardiff and Newport regularly assist families with estate administration where no valid Will exists. We can advise on the intestacy rules and guide you through the administration process.
Our support can include:
• Help in searching and locating a valid Will.
• Working with genealogists to research family trees and identify beneficiaries.
• Advising on the available options where a beneficiary cannot be located or traced.
• Assisting with applications for Grants of Representation and other probate matters.
Prevention Is Key: Why Making a Will Matters
This case demonstrates why it is so important to have a valid Will in place and to ensure it can be easily located, regardless of your age or circumstances. Doing so can help prevent unnecessary costs, delays and complications for your loved ones.
With a Will you can clearly state who you wish to benefit rather than relying on the intestacy rules. Some may also wish to consider benefiting friends or charitable causes personal to them who would not benefit under the intestacy rules.
You can also choose who you would like/trust to administer your Estate with the appointment of Executors without the potential delay in trying to locate a Will.
It is also important to make sure your Will follows the legal formalities.
How Can We Help
At Harding Evans we can provide you with the necessary legal advice to make an informed decision regarding your Will and the options available to you. Having a Will professionally drafted will give you the reassurance that the legal formalities have been correctly followed and that your wishes will be carried out as intended.
Whether you need advice about making a Will, administering an estate, or dealing with intestacy, our experienced Wills & Probate solicitors are here to help. Contact our team today to discuss your circumstances and find out how we can assist you.
