In these cases they are entitled to their inheritance even if the estate has already been distributed. All the other beneficiaries would be required to pay a portion of their inheritance to the new family member.

For this reason, it is normal practice for the estate administrator to ask beneficiaries to sign an indemnity agreeing that if any further family members come forward they will pay them the applicable portion from their share.  After a period of 10 years, it is unlikely that such a claim would be successful simply due to the amount of time that has passed.

In order to safeguard against issues such as this, it is possible to obtain suitable insurance.

Charlotte Cumbicus-Gunn
Probate Advisor

If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

In the absence of a Will only married couples automatically inherit from their spouse’s estate.

Unmarried couples have no automatic right to inheritance and the estate would instead pass to the closest living relative (see our blog on the Rules of Intestacy). However, if the survivor was financially dependent (fiduciary relationship) on the deceased then they can contest this and may be awarded with either a regular maintenance payment or a lump sum. It is, however, unlikely that the entire estate would be awarded.

In the case of couples divorcing, it is important to note that until the Decree Absolute is issued they are still considered to be a married couple and would inherit in accordance with this should one of them die during the proceedings. However, once the Decree Absolute is issued the marriage is dissolved and they no longer have any entitlement to each others’ estates under the Rules of Intestacy.  In the event of a divorce, the law automatically revokes any provisions in your will that favor your ex-spouse, however if you have a Will whereby your spouse is the sole Executor and the entire estate passes to them with no substitution, your Will, will no longer be valid.  It is vital that you review your Will under these circumstance as the Rules of intestacy may not distribute your estate the way you intend.

Patricia Steinfeld & Charlotte Cumbicus-Gunn
Probate Advisors

If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

The only thing to bear in mind is that, once you die, if your relatives are unhappy with the Will they can contest it. Whether or not they are successful will largely depend on how well the Will is written (hence the importance of having a professionally drafted Will), whether they have any evidence to prove you were not in your right mind when you wrote it and whether they were dependent on you financially.

For further advice on writing a relative out of your Will, it is advisable to call and speak to one of our advisors who will be able to ensure that your Will is competently drafted so that there is as little chance as possible of the Will being successfully challenged.

Charlotte Cumbicus-Gunn
Probate Advisor

If you need further help or advice on dealing with estate administration or require more information on Probate in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

There are three main share registrars: Capita, Computershare and Equiniti. You can find out which registrar deals with the company you have shares with by searching www.hemscott.com/advisers/registrars. Alternatively, you can call the company in question.

If you have old share certificates in a company that you cannot find, contact the registrar named on the certificate and they should be able to trace the history of the company. At this time they will also be able to search for unclaimed dividends that may be outstanding.

With regard to out of date or lost dividends, you can ask the registrar to replace them however; there may be a fee for this. The time limit for claiming unclaimed dividends is usually 12 years.

Please be aware that when it comes to shares, companies are always changing names, merging, de-merging or ceasing altogether.  If you of the deceased have old share certificates that may still have a value, it is important that you contact the registrar as soon as possible.  If you discover that the registrar named is no longer in existence, enter the name into the Google search engine and you will often be able to find out which registrar took over the holding.

Kate Wallace
Probate Advisor

If you need further help or advice on dealing with shareholdings or require more information on Probate in general, please call our free helpline on 0800 028 2837

From the 1^st Dec 2003, jointly registering the birth with the mother

• Parental Responsibility Agreement with the mother (prepared by a solicitor)
• Parental Responsibility Order made by a Court

Living with the mother even for a long time does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child whether they have parental responsibility or not.

For this reason it is imperative for anyone with children to write a suitable Will which provides for both their welfare and financial security.

Patricia Steinfeld
Probate Advisor

If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

Some benefits, such as the State Pension and Child Benefit, are universal. This means they are paid to all qualifying individuals regardless of wealth. These benefits would not be affected should you receive a large inheritance.

However, other benefits including Tax Credits, Income Support and Housing Benefit are means-tested and therefore only paid to people on a low income with savings below a certain amount. If you are in receipt of a means-tested benefit it is possible that it will be affected once you receive your inheritance.

As a benefits recipient, it is your responsibility to declare any change in circumstances to your local Job Centre. A Job Centre advisor would then be able to confirm which benefits would be affected by your inheritance.

The Probate Bureau cannot advise you regarding your benefits, however we are able to offer financial planning advice through TPB Financial Services who can assist you in investing your funds to meet your goals. To discuss this please contact James Hurdman on 0844 257 8290.

When there is a Will:

A Last Will and Testament will state if there are any bequests or pecuniary legacies left to certain individuals and how much these will be, for example:

“I GIVE THE SUM OF TEN THOUSAND POUNDS (£10,000) to BATTERSEA DOGS HOME“

You can obtain a copy of the section of the Will that concerns you from the executor. However, if this is not possible you can obtain a copy of the Grant of Probate with the Will annexed once Probate has been granted. This is because the Will becomes a public document after Probate is granted.  If you are a residuary beneficiary you will only know how much money you are due to inherit at the end of the administration period. This is when all assets have been disposed of and all debts and reimbursements have been paid.

When there is no Will:

When there is no Will the estate will be distributed under the Rules of Intestacy. This means if the deceased died leaving a spouse or civil partner and children, then the spouse will receive the first £250,000.00 plus a life interest in half of the remaining capital. The children will receive half of the remaining capital absolutely.

When the deceased leaves a spouse or civil partner and no children, the spouse receives the first £450,000.00 plus half of the remaining capital absolutely. The remaining half of the capital will go to the parent(s) of the deceased. If there are no parents then it will pass to the deceased’s siblings of whole blood and any issue of the predeceased siblings of whole blood.

If there is no spouse/civil partner or children of the deceased, the estate will be distributed equally to those who are next in line to inherit under the Rule of Intestacy.

The net amount of the estate will not be apparent until all assets have been disposed of, all debts have been paid and all reimbursements have been made. The family tree must also be traced to make sure all those entitled will benefit.

Patricia Steinfeld & Natasha Stroud.
Probate Advisors.

The Probate Bureau offers a professional Probate administration service which includes distribution of estate funds.  If this is something you would like to discuss further, please call Patricia directly, on 0800 028 2837 for free Probate Advice.

If the original title deeds cannot be located, the majority of properties are now held electronically with the Land Registry.  You can locate your local office and request a copy of your title deeds by going to www.landregistry.gov.uk.  It is also possible to obtain a copy online.

Unfortunately, if the property is not registered and the original deeds bundle cannot be located the process is far more complicated.  You will be required to provide evidence to prove that you own the property, items such as mortgage statements, solicitor letters from your purchase and old estate agent details will all help in this process.  If you have inherited the property, it would be helpful for you to have a copy of the deceased’s Will and Grant of Representation if applicable.

Once you have all the documentation required a conveyancing solicitor can carry out the first registration for you.  This will make all future dealings with the property much easier.

Please note that The Probate Bureau can assist you with issues such as this.  You may find it helpful to view the Property Services section of our website or alternatively contact us on 0800 028 2837 for free advice.

Claire Gaywood.
Probate Administrator.

The Probate Bureau offers professional Probate services and can assist you when dealing with the sale of a Probate property.  If this is something you would like to discuss further, please call our Probate helpline, on 0800 028 2837 for free Probate Advice.

Under the Rules of Intestacy, there are very clear guidelines that state that children adopted into a family do inherit, the same as if they were the deceased’s natural children. If a professional is dealing with the estate administration they will probably request sight of the adoption paperwork to verify that the child was legally adopted before paying their inheritance.

Children adopted out of a family, however, do not inherit. Once they have been adopted they legally become the adoptive parents’ child and lose all rights to their birth parents’ estate.

If you are affected by this situation and would like to talk to someone for further advice, please call us on The Probate Bureau freephone number 0800 028 2837.

Charlotte Cumbicus-Gunn.
Probate Advisor.

The Probate Bureau offers professional Executor services.  If this is something you would like to discuss further, please call Charlotte directly, on 0800 028 2837 for free Probate Advice.

In cases where the deceased lived outside of the UK, but a Grant of Probate/Letters of Administration is not required then all assets should be able to be redeemed by the executor named in the Will, or the next of kin. It is then their responsibility to ensure that the proceeds are distributed in accordance with UK law, being the terms of the Will or the UK Rules of Intestacy.

Stacie Gaywood.
Probate Helpline Advisor.

The Probate Bureau offers professional Probate services and can assist in applying for Probate in other countries.  If this is something you would like to discuss further, please call our Probate helpline, on 0800 028 2837 for free Probate Advice.