No Will: Where Do I Start?

First, Check Whether There Really Is No Will

Not finding a will immediately is different from establishing that no valid will exists. Check the deceased’s papers and ask any solicitor or organisation that may have stored it. Record the searches and responses.

A probate-record search can show a will associated with an issued Grant; it is not a complete search for an unproved will. If an original is missing, a copy is found or validity is disputed, obtain advice before treating the estate as intestate.

Source: HMCTS probate-search guidance.

Separate the Three Starting Questions

1. Who can administer? The person dealing with the estate needs the appropriate authority. The relevant Grant where there is no will is usually Letters of Administration.
2. What belongs to the estate? Identify the assets, ownership, debts and tax position.
3. Who inherits? Statutory rules govern the intestate estate; family preference does not determine the shares.

Being a beneficiary and having authority to deal with estate assets are different things. An application may not be needed for every estate; check the requirements of the organisations holding the assets.

Source: GOV.UK probate guidance.

Prepare a Factual Starting File

• The death certificate, date of death and details of where the deceased lived.
• A family tree, supported by records of relationships and relevant deaths.
• Any will, copy, codicil or correspondence about its location.
• An asset-and-liability list, identifying joint ownership and any overseas connections.
• Any Grant already issued, application correspondence and the precise disagreement preventing progress.

Do not assume the absence of a will removes the need to value the estate or deal with liabilities. Ordinary administration still involves establishing the estate, addressing debts and taxes, and distributing under the applicable rules.

Source: GOV.UK steps after a death.

When the Position Needs Closer Review

A missing will, disputed entitlement to apply, an incomplete family tree or a disagreement about estate property can each cause a different blockage. Identify which issue is preventing the next step rather than treating every family disagreement as the same problem.

A valid will that leaves some assets undisposed of can produce a partial intestacy (HMRC summary). These guides focus on an estate with no valid will. Scottish, Northern Irish and international estates need the applicable rules checked separately; domicile is a legal question, not simply an address.

Source: GOV.UK inheritance checker.

If a Disagreement Is Holding the Estate Up

Human Law supports stalled or disputed estates. Justin Patten can assess the particular blockage through a Stage 01 review for £400 + VAT, subject to suitability and conflict checks. It includes a 30-minute consultation, up to 20 selected core pages and a two-page Action Plan.

Human Law does not provide routine grant applications or estate administration, conduct litigation or act on the court record. For an uncomplicated application, use official guidance or a probate practitioner providing that service.

The review does not guarantee that Human Law can undertake the next step. If there is an urgent deadline, court proceeding or immediate asset risk, seek prompt appropriate advice.

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