A Grant of Letters of Administration is a grant of representation authorizing someone to act on behalf of a deceased and deal with their estate. It is used in the following situations
The person who takes out the Grant of Letters of Administration is called the Administrator
If there is a Will then you can apply for Letters of Administration if
and the deceased left you all of the estate in their Will.
If there is no valid Will then generally speaking only the next of kin can be the Administrator. There is also a list of priority of who can apply.
If you are an unmarried partner of the person who has died, and you have not been named in the Will then generally you will not be able to act as an Administrator.
The estate will then generally be distributed under the intestacy rules
When someone dies without a valid will then the estate is called Intestate. This means that the deceased has not decided who their estate goes to. If this is the case, then the rules of Intestacy specify who their estate goes to. There is an order of people who will benefit.
There are some exceptions to this such as if the estate is more than £250,000 some of the estate goes to their children or grandchildren.
If you are not included in the rules of intestacy, for example, you are a cohabitant or unmarried, step-child, step-parent or close friend you may not benefit from their estate.
You might be able to make a financial claim for financial provision if you were a dependant on the deceased when they passed away. For more details please click here.
If your loved one has passed away without a Will and you would like to receive some advice, please contact us. All initial enquires are free of charge.
Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited which is a company registered in England and Wales under company number 08838592. Registered office Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
Authorised and Regulated by the Solicitors Regulation Authority under SRA ID number 637916.