News0 min ago
Died with no Will.
9 Answers
We have just been informed that a cousin has died and no Will has been found. He was an only child, not married, no children and both parents are dead. We have no idea where to start or what procedure to follow, can anyone point us in the right direction.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Cousins can inherit if there are no close relatives. See midway down page
http://www.adviceguid...ules_of_intestacy.htm
http://www.adviceguid...ules_of_intestacy.htm
A flow chart might help:
http://www.justice.go...ate/probate-guide.pdf
If you find, from the information that Tamborine and I have posted, that you appear to be 'top of the tree' when it comes to inheriting from the estate (either solely, or jointly with others), you should apply to the Probate Registry for a 'grant of representation' to allow you to distribute the estate in accordance with the intestacy rules. (Since the cousin died intestate, the grant will be in the form of 'letters of administration').
Unless the estate is particularly complicated (or there are difficulties in determining who has the right to inherit), you do NOT need to use the services of a solicitor. (Probate registry staff are, in my experience, wonderfully helpful).
Probate registries are listed here:
http://www.justice.go...robate-registries.htm
To get the contact details, click 'Court finder', set 'Search by court type' to 'Probate', leave everything else blank and click 'Submit'.
Chris
http://www.justice.go...ate/probate-guide.pdf
If you find, from the information that Tamborine and I have posted, that you appear to be 'top of the tree' when it comes to inheriting from the estate (either solely, or jointly with others), you should apply to the Probate Registry for a 'grant of representation' to allow you to distribute the estate in accordance with the intestacy rules. (Since the cousin died intestate, the grant will be in the form of 'letters of administration').
Unless the estate is particularly complicated (or there are difficulties in determining who has the right to inherit), you do NOT need to use the services of a solicitor. (Probate registry staff are, in my experience, wonderfully helpful).
Probate registries are listed here:
http://www.justice.go...robate-registries.htm
To get the contact details, click 'Court finder', set 'Search by court type' to 'Probate', leave everything else blank and click 'Submit'.
Chris
I was typing (and looking for links) while you were posting.
Nobody is ever obliged to arrange a funeral. (If everyone refuses to do so, the local council must pay for a funeral , but they can then seek to recover their costs from the estate of the deceased person). It's entirely up to the family to decide who should make the arrangements. (It can be paid for from the estate of the deceased person).
Whoever obtains letters of administration, as mentioned in my first post, will be the person who should sell the house. Nobody else will have the authority to do so. He/she will need to refer to this information from the Land Registry:
http://www1.landregis.../public_guide_009.pdf
The forms referred to in that document can be downloaded by going here:
http://www.landregistry.gov.uk/
(Click 'Forms/Publications' and then 'Forms').
Chris
Nobody is ever obliged to arrange a funeral. (If everyone refuses to do so, the local council must pay for a funeral , but they can then seek to recover their costs from the estate of the deceased person). It's entirely up to the family to decide who should make the arrangements. (It can be paid for from the estate of the deceased person).
Whoever obtains letters of administration, as mentioned in my first post, will be the person who should sell the house. Nobody else will have the authority to do so. He/she will need to refer to this information from the Land Registry:
http://www1.landregis.../public_guide_009.pdf
The forms referred to in that document can be downloaded by going here:
http://www.landregistry.gov.uk/
(Click 'Forms/Publications' and then 'Forms').
Chris
-- answer removed --