What Happens When Someone Dies Without a Will?

What Happens When Someone Dies Without a Will?

A legal will makes it easier to distribute the assets of the departed individual, and is based on a person’s own preferences. Therefore, it is always best to see either a good family lawyer that specialises in Wills or a commercial lawyer to have it made. The will determines which family member will inherit what property, which saves everyone from conflicts later on. In the situation where there are no family members to inherit the property, the will outlines the name of a relative, a friend, a charity or any chosen person that the departed wanted to give away their property to.

On the other hand, when an individual dies without a will, the condition is called as intestacy. There are laws made for dealing with such situations which outline the distribution of the deceased’s properties, personal belongings, and money. You can opt for the documents mentioned below to settle the matter in such a scenario.

Letters of Administration

A grant of the Letter of Administration is applicable, in the situation of intestate, instead of probate. The property of the deceased will then be given to the relatives who are entitled to it as the Succession Act 2006 states.

Letters of Administration Grant Application

A Letter of Administration is a court order. In the situation where no will is present or no executor is stated in the will, the Letter of Administration permits the administration of an estate. An eligible relative can apply for Letter of Administration if the investigation results have stated the absence of any will. Applying for this grant is similar to that of a probate grant; but there are additional documents that are required to file it in the Supreme Court: