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Handling Intestacy: How MDW Solicitors Can Assist When There’s No Will

When a loved one passes away without leaving a valid will, it can be a challenging and emotional time. In such cases, the legal process of distributing their estate follows specific rules known as intestacy rules. If you find yourself in this situation, MDW Solicitors can provide essential guidance and support. Here’s how we can assist:

1 Legal Guidance on Intestacy Rules

  • Understanding Intestacy: MDW Solicitors will explain the intestacy rules that apply in your specific circumstances. These rules determine how the estate will be distributed among surviving family members.

  • Rights and Entitlements: They will guide you on the rights and entitlements of different family members under the intestacy rules.

2 Estate Administration

  • Identifying Assets and Liabilities: MDW Solicitors will assist in identifying the deceased’s assets (such as property, bank accounts, investments, etc.) and liabilities (debts, mortgages, etc.).

  • Applying for Grant of Letters of Administration: If there is no will, MDW Solicitors can help you apply for a Grant of Letters of Administration. This legal document allows you to manage the estate.

  • Distributing the Estate: They will ensure that the estate is distributed correctly according to the intestacy rules. This involves handling paperwork, paying debts, and distributing assets to beneficiaries.

3 Inheritance Tax (IHT) Considerations

  • Calculating IHT: MDW Solicitors will assess the potential IHT liability based on the estate’s value. Intestacy may result in a higher IHT bill.

  • Maximising Reliefs: They will explore available IHT reliefs and exemptions to minimise the tax burden.

4 Resolving Disputes

  • Family Disputes: If disagreements arise among family members regarding inheritance, MDW Solicitors can mediate and provide legal solutions.

  • Challenges to Intestacy: In some cases, beneficiaries may challenge the intestacy rules. MDW Solicitors can handle such challenges.

Remember that having a valid will is crucial to ensure your wishes are honored. MDW Solicitors can guide you through the process and provide peace of mind during a difficult time.



 When a spouse passes away without leaving a will (dying intestate) and there are surviving children, the intestacy rules determine how the estate is distributed. Here’s a basic explanation:

1     If there is a surviving partner (spouse or civil partner):

  1. The partner inherits a share of the estate, including the first £322,000 and personal possessions.

2     If there are no surviving children:

Remember, having a valid will ensures that your wishes are followed, so it’s essential to consider creating one.

 MDW Solicitors, along with information about their free consultation:

MDW Solicitors is a family-run practice specialising in wills, probate, powers of attorney, estate planning, trusts, driving offences, and criminal law. We offer professional legal services and provide as much time as needed to ensure clients understand everything related to their wills, probate, life time tax planning, lasting power of attorney, or criminal law cases. You can also request a free case evaluation with our experienced team of solicitors.

Feel free to reach out to us for any legal assistance you may need!

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