When someone dies there are immediate steps that will need to be taken:

  • Registration of the death
  • Checking whether the individual expressed any wishes regarding their funeral arrangements
  • Arranging the funeral

We can help guide you through what is a difficult process for many people.

If someone dies without making a Will the legal expression is that they have died intestate. Statute sets out the intestacy rules that apply to their estate. The rules provide for the following:

  • who can administer the deceased’s estate and how it is distributed
  • if the deceased was survived by their spouse or civil partner and children then there will be a division of the estate between the surviving spouse or civil partner and the deceased's children 
  • if the deceased was survived by their spouse or civil partner but there are no children then the surviving spouse or surviving civil partner will receive the entire estate
  • if the deceased died leaving no spouse or civil partner then the order of priority of beneficiaries is provided for by statute, starting with children followed by parents then siblings

It is usually the person with the greatest entitlement to the deceased’s estate who would make the application to administer the estate. We can help with that application and with all aspects of the intestacy rules including the distribution of the intestate estate.