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Frequently Asked Questions
Who is to be the personal representative?
The intestacy rules govern who is entitled to act as personal representative. You may find that that the rules are difficult to follow (especially where there is no immediate surviving family) or you may require assistance to identify and locate the personal representative. Premier Solicitors will help you identify the person entitled to act as personal representative and advise them of their legal duties, even where very little information of the family and their background is available.
The personal representative is usually the next of kin and often it is difficult for them to take on the role as personal representative, given the circumstances. It may be that although they are entitled to act as personal representative they may not want to take on the role as it can often be stressful dealing with all the paperwork and complying with their legal duties. In this case, a Partner or another member of our specialist team can sign any paperwork if the person entitled gives Power of Attorney to them to act on their behalf. Premier Solicitors will be happy to take on this role and undertake the responsibility to administer the estate as efficiently as possible whilst at the same time guaranteeing to update the personal representatives at the key stages of the intestate estate administration.
Local Authority unable to locate family members on death
Local authorities provide housing for a number of individuals and on death it is often difficult for the local authority to locate the family or the friends of the deceased individual. Premier Solicitors has experience with dealing with local authorities and are happy to assist local authorities to identify and locate family members.
If you believe that a family member or friend who was resident with a local authority may have recently passed away then Premier Solicitors can look into this for you.
Not happy with the intestacy rules?
Premier Solicitors will prepare a Deed of Variation to vary the intestacy rules to tailor to the needs of the family, providing the family members are in agreement.
A common example is where the spouse is inadequately provided for. In this case, providing the children are happy to redirect their share or a percentage of their share to their mother/father and their mother/father accept, then the rules can be varied, otherwise the estate has to be distributed in accordance with the rules.
Only blood relatives are entitled to benefit from an intestate estate and that is according to the order of priority. It may be that the intestate was close to children and other family members (not connected by blood). In this case, any children or other family members (not connected by blood) will not be provided for and so Premier Solicitors can prepare a Deed of Variation to allow for them to be provided for.
Please note that the advice provided on this webpage is not to be relied on wholeheartedly. If you have any queries please do not hesitate to call Premier Solicitors on 01234 35 80 80.
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