Professional Executor and Trustee Services
Effects of dying without a valid will
The Intestacy Rules (dying without a valid will) create a trust over all of the property. The trust imposes particular duties and imposes certain powers to the personal representatives (PR’s) the persons appointed to manage the estate when someone dies,. The PR’s must pay the funeral and administration expenses and any debts within the estate. The amount left is called the residuary estate and will be shared amongst the family under the strict rules of distribution.
…the right of a person to benefit on intestacy depends on their relationship with the deceased and whether close relatives have survived
The spouse takes priority over all categories of beneficiaries but may have to share the residuary estate with other beneficiaries. If the person who dies intestate has no surviving spouse or civil partner his or her estate will pass in the following order:
- Their children, subject to the property being placed in trust; but if none then to
- Their parents, equally if both alive; but if none then to
- Their brothers and sisters subject to the property being placed in trust; but if none then to
- Their half brothers and sisters subject to the property being placed in trust; but if none then to
- Their grandparents equally if more than one; but if none then to
- Their uncles and aunts subject to the property being placed in trust; but if none then to
- Their half uncles and aunts subject to the property being placed in trust; but if none then to
- The crown
The SWW Trust Corporation specialises in intestacy. Our specialist staff are here and will, upon receiving your call, offer you advice and guidance