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!

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