Inheritance Inquiry
The client has a relative who recently passed away in Western Australia and had no direct family. The client and their sibling are the nearest next of kin as cousins. The client is unsure if there is a Will and requires assistance in discovering whether one exists. The legal matters relevant to this situation include Probate, Estate, and Inheritance. The conversation is focused on determining the appropriate steps to locate a Will.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow do we go about finding out if there is a Will for our deceased relative?
To find out if there is a Will for your deceased relative, start by checking their personal documents at their last known residence in Western Australia. It's possible that the Will might be stored there or with other important documents. Next, contact local solicitors who may have drafted or hold the original Will. Additionally, check with financial institutions where the deceased held accounts, as they might have it stored for safekeeping. If these efforts do not yield results, search the National Will Register for any registered Wills. Lastly, if a Will application has been made for probate, it should be listed in the HM Courts and Tribunals Service records, which can be searched online for confirmation.
What are the steps to take if no Will is found for our relative?
If no Will is found for your relative, their estate will be considered intestate. In such cases, the estate is distributed according to the rules of intestacy. As cousins, you and your sibling might not automatically inherit under these rules, as they typically prioritise closer relatives. If no eligible relatives are found, the estate could pass to the government as bona vacantia. The next step would be to apply for a Grant of Letters of Administration, allowing someone to manage and distribute the estate. This may involve proving the absence of a Will, which can be done by conducting a thorough search, including checking the Principal Registry of the Family Division.
How is the estate distributed if there is no Will and the deceased's next of kin are cousins?
Under the rules of intestacy in England and Wales, if a deceased individual has no surviving spouse, children, parents, siblings, or other closer relatives, cousins unfortunately do not inherit. The estate would instead pass to the government, known as "bona vacantia." However, it is possible to apply for a discretionary grant, allowing a relative, like a cousin, to make a claim on the estate. It might be worth exploring whether there are any closer relatives before pursuing this option.
What documents and information will we need to gather for the probate process?
For the probate process, gather the following documents and information: the death certificate of your relative, any potential Will or codicils, a complete list of the deceased's assets and liabilities, including bank statements, property deeds, and any share certificates. Also, identify and list any outstanding debts or creditors. Having contact information for all potential beneficiaries and next of kin is helpful. If applicable, collect any previous grants of probate or letters of administration as well.
Can we apply for a grant of representation ourselves, or will we need a solicitor?
You can apply for a grant of representation yourself, particularly if the estate is straightforward. This generally involves completing the necessary forms and paying the probate application fee. However, if the estate is complex, it may be beneficial to engage a solicitor to assist with the process. This could include situations where the estate involves significant assets, multiple beneficiaries, or potential disputes. You can apply via the HM Courts & Tribunals Service website, where you can find guidance on handling the application independently.
