Leaving/Not Leaving a Will

by | Mar 5, 2018 | Lawyers

Wills and probate in West London is an interesting business. Whether or not the deceased left a will can completely change how the process is handled. Some new steps are added, some need to be gutted out because the lack of a will makes them irrelevant. Here will be listed the difference in the process of going over a deceased loved one’s estate when a will is and is not involved in that process.

When a will is left behind

Wills were specifically designed for the purpose of making it easier for friends, loved ones, and your designated solicitor to go over your estate and figure out what you decided to leave to whom. One to four people will be assigned to deal with your estate and get your affairs in order, these people will be named the executors.

The executors will follow the instructions left in your will, handing out the bits of your estate to the person designated in the will. They’ll then work on your outstanding debts and any taxes that still need paying. They’ll then arrange the funeral, console the family, and work with your solicitor on any other legal matters that remain.

When a will is not left behind

When there’s no will, there’s no clear way of knowing to whom you wanted to leave your estate to. As such, the duty falls not to one to four executors, but to one administrator. An administrator is typically an immediate relation to the deceased. This includes spouses, children, parents, first cousins etc. It can also be a divorced spouse, so long as they and the deceased remained on good terms. The administrator is named such by being given a probate by the probate service.

It is then their job to sort through the deceased’s estate, discern what should go to whom, and from there, follow the basic guidelines set by the executors: arranging the funeral, handling financial issues left behind like taxes and debt, and work with the solicitor on anymore remaining legal matters. Since there is no will, the matter of settling and distributing the estate can take considerably longer than when there is a will. Being the administrator does not entitle that person to any of your estate.

As you can see, the difference between having a will and not having a will can be incredible. The entire business becomes much more complicated, arduous, and tedious. So, if you’ve yet to make your will, don’t wait another minute, there is no bad time to get this out of the way. Visit the website for more details.

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