We would always recommend writing a last will and testament, as you never know what may happen. Unfortunately, this client’s husband did not create a will, which left the family rather confused of their next steps.
Here, Amanda Taylor, a solicitor in our wills, probate and asset protection department, advises what they should do next.
Q: My husband passed away in a car accident leaving no will. There is myself and my two children. Please advise on what we need to do next.
A: May I pass on my condolences to you and your family.
Firstly, you would need to register your husband’s death, if you have not already done this. You can also use the Tell Us Once Service to inform local authorities of our husband’s death.
As your husband has passed away leaving no will behind, depending on the nature and value of his assets, you may need to make an application for something called a grant of letters of administration. This type of grant is obtained from the Probate Registry when someone has died intestate (without a will).
Once you have this, you will then have the legal authority to collect his assets (close bank accounts and collect the monies in, sell any property he may have had in his sole name, etc.) and pay any debts/liabilities of his estate.
Once you have done this, you will then need to distribute his estate in accordance with the rules of intestacy. If you and your husband held your home as joint tenants, this would automatically pass to you and you would need to inform the Land Registry that he has passed away. If you have joint bank accounts, the monies in these accounts would automatically pass to you as the sole surviving account holder, but you would need to inform the bank/(s) of his death with a copy of the death certificate.
If your husband had assets in his sole name, chances are that you will need a grant of letters of administration in order to deal with them, if they are over a certain value.
We Can Of Course Help!
If you need any help with all of this, please get in touch. Our expert wills and probate solicitors can help you to obtain a grant to your late husband’s estate and allow you to administer it. Alternatively, we can do everything for you, including obtaining the grant of letters of administration and then administering his estate. When you call, we can provide you with a quote and also advise how best to proceed based on your individual circumstances.
I hope this has helped and the best of luck with sorting everything out.
If you have suffered similar circumstances and would like legal advice, please get in touch with our friendly team.
