Intestate Probate Case Study

28 March 2017

Client Situation

Our Probate Lawyers were instructed to administer the Estate of Mr G, a gentleman in his eighties who had never married and had no children. Mr G had lived with his mother for many years until her death in 1969, after which he lived alone.

He was a solitary man who had lost touch with his wider family and had no close friends, but he had kept in contact with one of his cousin’s, Miss H, who instructed our Probate Lawyers to administer his Estate.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

How We Helped

Miss H knew that Mr G had died without a Will but did not know what that meant. We explained to her that the Intestacy Rules would apply and that his Estate would pass to his parents’ siblings, or their children if they had died.

Miss H provided a family tree for Mr G’s mother’s side of the family, but was unable to provide any details about his father’s family as he was killed during World War Two. So we instructed tracing agents to search for any members of his father’s family who were still alive. Distant relatives were found and identified as beneficiaries, and we contacted them all.

During our Probate Search, we discovered that Mr G’s house had never been transferred into his name after the death of his mother, and so a Grant of Probate was required in her Estate before we could sell the property in his Estate.

In order to complete the Probate application, we needed to value the property as it would have been in 1969 when Mr G’s mother died, and also value the property as it would have been in 2015 when Mr G died. We then declared these values to the Probate Registry. 

The Outcome

We successfully obtained the Grant of Probate from the Court to sell the property, instructed an Estate agent to sell the property, sold the property and distributed Mr G’s Estate to all the beneficiaries.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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