SHARP RISE IN NUMBER OF INTESTATE ESTATES
Figures recently released by Citizens Advice show that their advisers have been receiving more and more queries about the difficulties that arise when someone dies without making a will. Whereas a will becomes effective on death and can enable the named executors to take practical action, even before a grant of probate has been obtained, the situation is different in an intestacy. Authority has to wait until the next of kin has obtained a grant of representation (letters of administration) from the Probate Registry.
Sometimes an experienced lawyer can come up with a strategy for avoiding some of the difficulties. For instance, we have been dealing with a case where the deceased had a company. The company does not die and we were able to use this company for the benefit of the beneficiaries before a grant had been obtained.
Nevertheless, the moral must be – make a will!