Losing a loved one is one of life’s most challenging experiences. When that loss is compounded by the discovery that the deceased did not leave a Will, it can feel overwhelming. In the UK, dying without a Will is known as dying ‘intestate’. This adds a layer of legal complexity to an already emotional time, particularly regarding probate and the responsibility for funeral arrangements.
When a Will exists, it names ‘Executors’ to handle the estate. Without one, the law determines who has the legal right to manage the deceased’s affairs. This is dictated by the Rules of Intestacy. Usually, the closest living relative (such as a surviving spouse or civil partner, followed by children) must apply to the Probate Registry for ‘Letters of Administration’. Once granted, this person becomes the ‘Administrator’, holding the same authority as an Executor.
One of the most immediate concerns is who has the authority to organise the funeral. Legally, the person entitled to be the Administrator has the primary right to make these decisions. However, in practice, families usually come together to decide on the details.
If there is a dispute and no Will to provide guidance, the situation can become fraught. It is important to remember that the priority is to honour the deceased with dignity. During this time, many families find comfort in sharing the news and celebrating a life by placing a notice or a tribute. This allows friends and the wider community to offer their support and find details of the service.
A common misconception is that funds are ‘locked’ until probate is granted. While it is true that bank accounts are usually frozen, most UK banks are willing to release funds directly to a funeral director upon presentation of the death certificate and the funeral invoice. This ensures that the lack of a Will does not prevent a respectful send-off.
Key points to remember regarding costs:
While the absence of a Will makes the probate process slightly more structured and rigid, it does not mean you are alone. Seeking professional legal advice can help clarify the Rules of Intestacy and ensure the estate is distributed correctly. Focusing on the emotional farewell—through a beautiful service and a lasting digital memorial—is the best way to begin the healing process.
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