Probate is a legal process which is often needed when a person dies. It gives an individual, or a group of people, the legal authority to deal with a deceased person’s property, money and possessions – known as their ‘Estate’. Probate is not required every time a person dies and examples of this include if the deceased passes all their assets to a surviving husband or wife or owns very little, known as a ‘small estate’. Probate is needed if the deceased owned a property in their sole name or as Tenants in Common or owned any other significant assets, and these are not passing to a surviving spouse. In this article, probate for only child, we take a look at the implications of an estate being left to an only child.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with an estate left to an only child, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you understand your rights and will also help avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.
What happens if there is no Will?
If you don’t have a Will when you pass away, your money, property and possessions will be shared out according to the law instead of your wishes. This can mean that they pass to someone you didn’t expect or that someone you wanted to pass things on to, ends up with nothing.
When a person dies without leaving a valid Will, their property (the estate) must be shared out according to certain rules. These are called the rules of intestacy.
Only married or civil partners and some other close relatives can inherit under the rules of intestacy. If there is no Will a court will use the law to make many decisions about what happens to your assets and about who will take care of your child or children.
Making a Will is your opportunity to make a clear plan that safeguards your children and the property that you want to leave to them.
Intestacy rules
Intestacy rules state what happens when there isn’t a Will in place, including who can and can’t inherit. The rules state who your estate will be divided between.
What happens depends on the value of the estate and whether you are married or in a civil partnership. That may determine whether your child receives anything from your estate. To find out more, speak to our expert Wills team today.
Who will care for your child?
If you pass away and your child does not have another capable parent to take care of them, a court will appoint a personal guardian to raise them. Having a Will means you can be clear who you want to be named and you can provide your reasoning.
You will also need someone to look after your child’s finances until they turn 18. You can name the same person that you named to be the children’s personal guardian, or you can choose someone different.
How we can help
We have a proven track-record of helping clients draft their wills and advise upon estates governed by the rules of intestacy. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of writing your Will or if you find yourself involved in an estate left without a Will. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be or in guiding you along the path of intestacy.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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