Intestacy

When someone dies leaving a Will, it will be clear who is named as the Executor and who the beneficiaries of the estate are. When someone dies without a Will, they are said to die ‘intestate’. In these circumstances, strict legal rules determine who is entitled to administer the estate and who the beneficiaries of the estate are. Our probate solicitors in Essex and London have significant experience dealing with intestacies.

When someone administers an intestate estate they are legally known as an administrator. Whether a person is acting as an Executor or as an administrator their duties, responsibilities and potential personal liabilities are the same.

An administrator will be required to carry out some or all of the following tasks:

• Arrange the funeral
• Accurately establish the value of the estate and any estate liabilities
• Arrange the payment of any Inheritance Tax and claim any available tax reliefs
• Apply to the Probate Registry for Letters of Administration
• Collect in the estate assets
• Settle the deceased’s income tax and capital gain tax liabilities up to the date of death
• Settle all estate liabilities and administration expenses
• Settle any post death estate income tax and capital gains tax liabilities
• Prepare estate accounts
• Establish the identities and whereabouts of the beneficiaries
• Distribute the estate in accordance with the rules of intestacy
• Set up any Trusts that arises as a result of the intestacy

An administrator should be aware of the potential personal liability that goes with their appointment and the legal protection available. Failure to act properly could result in the administrator being personally liable to:

• Pay the deceased’s debts (including unknown debts)
• Pay a claimant who successfully claims a share of the estate following a challenge to the terms of the Will under the Inheritance (Provision for Family and Dependents) Act 1975
• Pay HMRC penalties and interest
• Pay any beneficiary who has not received the correct amount from the estate
• Compensate the beneficiaries for any financial loss to the estate as a result of their own negligence

An essential part of an administrator’s role is to ensure that the estate is distributed to the correct beneficiaries in the correct shares. Sometimes it will not be obvious who the beneficiaries are and specialist legal advice may be required to ensure that an administrator distributes an estate correctly. As part of this process, it may be necessary to instruct a specialist genealogist to trace the family and obtain specialist loss beneficiary insurance to protect the administrator from any losses that arise as a result of any incorrect distribution.

Our probate solicitors recognise that acting as a lay administrator often means dealing with complex and unfamiliar legal issues. It is essential for an administrator to be fully aware of their legal obligations and the potential personal liability of not administrating an estate properly. If an administrator needs legal advice, it is important it is taken as soon as possible. Pinney Talfourd offers whatever level of assistance an administrator may require. This can range from a one-off consultation with an administrator, to fully administering an estate on their behalf.

Probate lawyers

Matthew Edwards

Partner

Kristian Croad

Partner

Andrew Grant

Senior Associate

Laura Hotten

Senior Associate

Charmaine Wilson

Senior Associate

Krishna Bassan

Associate

Keely Chalker

Associate

Kareem Cole

Associate

Nicholas Conway

Associate

Amy Alexander

Solicitor

Harriet Bownes

Solicitor

Zara Chaudary

Solicitor

Megan Kearns

Solicitor

Albiola Memia

Solicitor

Nathan Smith

Solicitor

Ysabelle Spencer-Jones

Solicitor

Marie Salmon

Private Client Executive

Lucy Willis

Private Client Executive