House Clearance Help & Advice: What if your loved one has not made
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If your loved one passes away and they havent made a will then
they are said to have died intestate, if this happens then it is the law
who determines what happens to your loved ones possessions, affairs and
who inherits the estate.
If there is no will then you might be better seeking expert help from
a solicitor, if there isnt a will then it can take months or even
years to sort out a persons estate. Depending on how complex the
situation it could be in your best interest to seek the advice of a solicitor
as soon as you can after the death of your loved one.
If there is no will then you will have to gather together all the relevant
documentation needed, you should also take an inventory of any valuables
from the deceased.
Who can deal with the persons estate if there is no will?
It is usually the closest living relative of the deceased who will take
charge of the estate if no will has been made. This means that if there
is a surviving spouse then this will fall onto them, following this are
the children of the deceased followed by the deceased persons parents
and then brothers.
All debts which the deceased has left had to be paid first by law, this
means that any credit card, loans and mortgages. After the outstanding
debts have been paid then the rest of the estate is then divided under
the Administration of estates act.
This means that usually the husband or wife will get everything if there
are no other relatives, if there are children then the husband or wife
will get the majority of the estate and then the rest will be shared equally
among the children.
What if there isnt enough estate to cover the debts?
If there isnt enough money left to cover all the debts that are
owed by the deceased then they have to be paid in a certain order. If
the deceased owned a mortgage then this is the first debt that has to
be covered by the estate, following this any funeral expenses have to
be covered and debts owed to those who have dealt with the will if there
Next any outstanding taxes that are owed to the H M Revenue and customs
need to be paid, the department of works and pensions come next, it is
essential that they are informed of the death as any benefits which are
paid after the date on the date certificate will have to be repaid. Finally
any unpaid pension contributions or wages will need to be taken care of.
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