You have moved to your new country, bought a nice house, splashed out on an eco-friendly electric vehicle, gifted your kids with new bicycles and then, in a morbid flash, it strikes you; What happens to all my “money-and-stuff” when I die?

The answer is easy; read this article and then contact me to write your Last Will and Testament.

I have tried to explain, in laymen’s terms, how the UK probate procedure works.

UK Probate Procedure Explained

When someone passes away in the UK, the process of managing and distributing their assets is called probate. Here’s a simplified explanation:

1. Establish the Executor: The deceased’s Will usually appoints an executor. This person is responsible for handling the deceased’s estate (assets, property, money) as per the wishes laid out in the will.
2. Register the Death: Before anything else, you need to register the death with the local registry office.
3. Obtain the Will: If there’s a Will, locate it. If there isn’t, the estate will be distributed according to intestacy rules.
4. Apply for Probate: The executor applies for a ‘grant of probate’. This legal document gives the executor the authority to handle the deceased’s estate. This involves valuing the estate, paying any debts, taxes, and distributing the remaining assets as per the will.
5. Notify Relevant Institutions: Notify banks, insurance companies, and other relevant institutions about the death and provide them with a copy of the death certificate.
6. Settle Debts and Taxes: Any outstanding debts, bills, or taxes need to be settled from the deceased’s estate. This includes income tax and inheritance tax.
7. Distribute the Estate: Once debts and taxes are settled, the remaining assets are distributed according to the instructions in the Will.

7 Reasons to Write a Last Will and Testament in the UK:

1. Control Over Assets: A Will allows you to determine who receives your assets after your passing. Without a Will, intestacy rules will dictate how your estate is distributed, which may not align with your wishes.
2. Appoint Guardians: If you have young children, a Will enables you to appoint guardians for them, ensuring they are cared for by someone you trust.
3. Avoid Intestacy: Without a Will, your estate might be distributed under intestacy rules, which may not reflect your wishes and could result in complications for your loved ones.
4. Minimize Family Disputes: Clearly stating your wishes in a Will can help minimize disputes among family members regarding asset distribution.
5. Tax Planning: A Will can include provisions to minimize inheritance tax liabilities, ensuring more of your estate goes to your chosen beneficiaries.
6. Specify Funeral Wishes: Your Will can outline specific instructions or wishes regarding your funeral or burial arrangements, providing clarity for your loved ones during a challenging time.
7. Peace of Mind: Knowing that you have a valid Will in place can provide peace of mind, ensuring that your wishes are carried out and reducing stress for your family during an emotional period.

In summary, having a valid Will in the UK can simplify the probate process, ensure your wishes are respected, and provide clarity and peace of mind for your loved ones.

What happens to my “money-and-stuff” when I die without a valid Will?

Dying intestate in the UK means passing away without having made a valid Will. When this happens, the distribution of the deceased’s estate is governed by the rules of intestacy, which are set out in the law. Here are some potential negative implications of dying intestate in the UK:

1. Lack of Control Over Distribution: Without a Will, you have no say over how your assets are distributed. The intestacy rules determine who inherits your estate, which may not align with your wishes or the needs of your loved ones.
2. Potential for Unintended Beneficiaries: Intestacy rules prioritize certain relatives over others. For instance, a surviving spouse or civil partner might not inherit the entire estate, especially if there are children or other relatives involved. This can lead to unintended beneficiaries receiving a portion of your assets.
3. Delay in Estate Distribution: Dying intestate can lead to delays in the distribution of your estate. Without clear instructions from a Will, the process may become more complicated and time-consuming, causing additional stress and uncertainty for your loved ones.
4. Additional Costs: Administering an estate without a Will can be more costly. Legal fees and other associated expenses may increase due to the complexities involved in determining the rightful heirs and distributing assets according to intestacy rules.
5. Potential Family Disputes: Intestacy can sometimes lead to disputes among family members, especially if there are disagreements about who should inherit what portion of the estate. Clear instructions in a Will can help minimize conflicts and provide clarity for your loved ones.
6. Inadequate Provision for Dependents: Intestacy rules may not adequately provide for all dependents or individuals you wish to support after your passing. For instance, unmarried partners, stepchildren, or close friends may not receive any assets or financial support unless specified in a Will.
7. No Choice of Executors: Without a Will, you cannot appoint an executor to handle your estate. The court will appoint an administrator to manage the estate, which may not be someone you would have chosen or trusted to carry out your wishes.

In summary, dying intestate in the UK can lead to a range of negative implications, including a lack of control over asset distribution, potential family disputes, delays, additional costs, and inadequate provision for loved ones. It’s advisable to create a valid Will to ensure your wishes are respected and to simplify the probate process for your beneficiaries.