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Inheritance law in England and Wales governs how a person’s assets are distributed after death. In Exeter, residents follow the same national framework administered by HM Courts & Tribunals Service and local probate registries. Key areas include drafting a valid will, intestacy rules, probates and letters of administration, and tackling inheritance tax obligations.
Wills set out who inherits and how assets are distributed, while intestacy rules apply when there is no valid will. Executors or administrators manage the estate, pay debts, and distribute assets to beneficiaries. Understanding local practicalities in Exeter helps ensure a smooth process and minimizes delays or disputes.
Working with a solicitor or legal counsel in Exeter can clarify complex issues such as multi-jurisdictional assets, cohabitee rights, and disputes over the validity of a will. They can also coordinate with accountants for inheritance tax planning and with probate registries to obtain the necessary authority to deal with the estate.
A surviving partner with a cohabitation arrangement and no will. In Exeter, a long-term partner who never married may not automatically inherit under intestacy rules. A solicitor can assess whether a claim under the Inheritance Act 1975 or a tailored will is needed to secure provision from the estate.
The will is being challenged by a relative or beneficiary. If there are concerns about validity, capacity, or undue influence, an Exeter solicitor can guide you through grounds for contesting a will and the appropriate court procedures.
The estate includes a business, farming assets, or multiple properties in Devon. Complex valuations, liabilities, and potential tax issues require professional coordination to prepare an accurate probate application and plan for tax liabilities.
There are international assets or overseas property. You may need guidance on coordinating UK probate with foreign probate or dealing with assets located outside England and Wales.
Disputes between executors or beneficiaries. A solicitor can help resolve conflicts, interpret the will, and, if necessary, apply to the courts for directions or removal of an executor.
The estate raises Inheritance Tax (IHT) concerns. An Exeter solicitor can advise on potential IHT planning, reliefs, and how to structure distributions to minimize liability within legal limits.
Inheritance law rests on a few core acts and their modern interpretations. In Exeter, as in the rest of England and Wales, these govern how wills are formed, how estates are administered, and how claims are made or contested.
Note: If you die without a will, your estate passes under intestacy rules. The government provides guidance on what happens in such cases and how to apply for probate or letters of administration.
Source: gov.uk
Wills, probate and inheritance guidance helps people in Exeter understand the process, from drafting a will to applying for probate and paying potential inheritance tax.
Source: gov.uk
Intestacy rules decide who inherits. Spouses or civil partners may receive a share, with children and other relatives ranking next. A solicitor can explain how the rules apply to your situation in Devon and advise on next steps.
Applicants file online via the government portal and submit the death certificate, will, and asset details. A solicitor can prepare and lodge the correct forms and liaise with the probate registry.
Probate is the grant when there is a valid will. Letters of administration is the grant when there is no will. In both cases, the grant authorizes the executor or administrator to deal with the estate.
Costs vary by complexity and solicitor fees. Court fees for probate apply, and solicitors charge for the work. A clear engagement letter helps manage expectations and budget.
Not always, but a solicitor helps with complex estates, IHT considerations, or disputes. They can reduce errors, speed up the process, and ensure compliance with deadlines.
Simple cases may take 6 to 12 weeks after paperwork is complete. More complex estates can take 6 to 12 months, especially if IHT or disputes arise.
Dependents include spouses, civil partners, cohabitees with a close relationship, children, and certain other individuals who relied on the deceased. The Inheritance Act 1975 governs these claims.
Yes, grounds include lack of capacity, undue influence, non compliance with formalities, or forgery. Legal representation helps assess viability and strategy.
Two or more executors can ensure continuity if one cannot act. Clarify roles, powers, and appointment procedures in the will to avoid delays.
Many estates are subject to tax if above the nil rate band. Tax planning should occur early, ideally with a solicitor and an accountant, to maximise reliefs and exemptions.
Yes, but successful challenges require strong legal grounds such as lack of capacity or evidence of undue influence. A solicitor can evaluate merits and costs.
