Dying Without a Will

When a person dies without leaving a Will, their estate will fall into what is called intestacy. This type of estate is often called an intestate estate.

Intestacy rules are a Government proscribed process of what happens with your estate when no instructions were given through a Will. These rules designate who has priority for receiving and administering the estate. Intestacy rules are intended to address what an average person would want for their estate. This means that the Intestacy rules will not take into account your specific wishes and may lead to undesirable or unfair results in your particular situation. For these reasons, the lawyers at Lypkie Henderson always recommend that every person have a Will in place.

As opposed to a Grant of Probate when there is a Will, an intestate estate will need the Court to issue a Grant of Administration which will assign an Administrator for the estate and approve of the distribution of assets. Like probating a Will we recommend that you consult Lypkie Henderson for assistance in the Letters of Administration process which can be complex. With our expertise, you can expect that the application process will be streamlined and cost-effective.

Please contact us for assistance if a family member has passed away without leaving a Will.