Benefits of having a Will when it comes to probate

danielle-wane.jpg.jpg

Senior Associate Solicitor Danielle Jarvie has shared some insight into the benefit of having a Will in relation to Probate.

From my experience when there is a Will the probate registry are coming back much quicker, in one case the Grant came back after a week. When there is not a Will in place its taking a considerably long time. You can only chase the probate registry after 16 weeks for them to expedite the application.

Furthermore, for clients with large estates they often don’t realise that without a will, their spouse may not inherit all the estate under the intestacy rules. The intestacy rules significantly impact inheritance tax (IHT) when a spouse and children are involved.

Intestacy Rules

Under the intestacy rules in England and Wales, the entitlement of a surviving spouse or civil partner depends on whether the deceased left issue (children or remoter descendants).

If the deceased left no issue, the surviving spouse or civil partner is entitled to the entire estate absolutely. However, if the deceased left issue, the surviving spouse or civil partner is entitled to the deceased’s personal chattels, a statutory legacy (fixed net sum), and one-half of the residue of the estate absolutely. The remaining half of the residue is held on statutory trusts for the deceased’s issue.

As of 26 July 2023, the statutory legacy (fixed net sum) is £322,000, and it is free of inheritance tax and costs. The surviving spouse or civil partner is also entitled to simple interest on this sum from the date of death until it is paid or appropriated. The personal chattels include tangible movable property, excluding items used for business purposes or held solely as investments

To inherit under the intestacy rules, the surviving spouse or civil partner must have been married to or in a civil partnership with the deceased at the time of death. If the marriage or civil partnership was ended by divorce or dissolution made final before the death, the survivor has no claim under the intestacy rules. Additionally, the surviving spouse or civil partner must outlive the deceased by 28 days to inherit .

Matrimonial Home & Children

In cases where the estate includes a matrimonial home, the surviving spouse or civil partner has a statutory right to require the personal representatives to appropriate the home towards their share of the estate. This right must be exercised within 12 months of the grant of representation, and the home cannot be sold without their written consent during this period unless necessary for administration purposes .

The portion of the estate passing to the children is not exempt from IHT and may be subject to IHT if the estate exceeds the nil-rate band (currently £325,000) and any applicable residence nil-rate band. The statutory trusts for minor children also require careful administration, as the inheritance is held in trust until the children reach 18 years of age, which may have further tax implications.

It is important to note that the intestacy rules may not align with the deceased’s intentions, and the fixed statutory framework could lead to unintended tax consequences. Advising clients to create a valid will can help mitigate these issues and allow for more tailored estate planning

 

We've #GotYourBack
If you need assistance or advice in regard to any aspect of this issue, we can help

Call Danielle on 01254 92 19 46, email [email protected], talk to us via live chat or complete our online enquiry form and one of our experts will contact you.

Enjoyed this? Read more from Watson Ramsbottom Solicitors

Latest news

1

MGS Technical Plastics in running for seven awards MGS Technical

MGS Technical Plastics in running for seven awards

01 Sep 2025

2

Ultimate Visual Solutions (UVS) launches 'industry first' displays featuring integrated controllers Steve Murphy UVS

Ultimate Visual Solutions (UVS) launches 'industry first' displays featuring integrated controllers

01 Sep 2025

3

Sowena Group adds firepower with two senior hires and heralds move to bigger office Gemma Quaye and Beth Harris

Sowena Group adds firepower with two senior hires and heralds move to bigger office

01 Sep 2025

4

New Wallace & Gromit adventures land at Pleasure Beach Resort Norbot Blackpool Pleasure Beach

New Wallace & Gromit adventures land at Pleasure Beach Resort

01 Sep 2025

5

Red Rose Awards 2026 open for entries Red Rose Awards 2025 scene

Red Rose Awards 2026 open for entries

01 Sep 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

LBV124 September/October Launch Event
MBP Arc Cinema Preston Opening 205
Networking
18 Sep 2025

LBV124 September/October Launch Event

The Arc Cinema, Preston, PR1 2BL

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Tri-Site Survey Equipment Showcase
Linkedin Cover.jpg.jpg
LBV Hub Seminars
03 Sep 2025 - 03 Sep 2025

Tri-Site Survey Equipment Showcase

Harewood House , Leeds, LS17 9LG

09:30 - 16:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
17 Sep 2025 - 17 Sep 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV 123 Online Graphic
Subscribe now

Weekly news bulletin