Wills & Probate

Will and Probate Solicitors Stockport: What Happens If You Die Without a Will?

will and probate solicitors Stockport

Most people know they should make a will. Fewer realise what actually happens if they never get round to it. Every year, families across Stockport are left trying to sort out a loved one’s affairs with no will in place, often at the exact moment they are least able to cope with forms and legal process. That is where will and probate solicitors in Stockport can genuinely help.

What Happens When Someone Dies Without a Will?

When someone dies without a will, their estate does not automatically pass to whoever they would have chosen. Instead, it is divided according to a fixed set of rules known as intestacy, which decide who inherits and in what order, regardless of what the person may have wanted.

This can catch families off guard. Unmarried partners have no automatic right to inherit, however long they lived together. Stepchildren are not automatically included either. Even married couples can find the outcome is not quite what they expected, particularly where children are involved.

Speaking with will and probate solicitors in Stockport early can help you understand how these rules might apply to your own family, and what steps you can take now to avoid leaving that uncertainty behind for the people you love.

Why Do So Many Families Put Off Making a Will?

It is an understandable habit. Making a will means thinking about your own mortality, and that is rarely comfortable. Many people also assume they do not have enough to leave to make it worthwhile, or believe their partner will automatically inherit everything regardless.

Neither assumption is safe to rely on. A will is not only for large estates. It is for anyone who wants a say in what happens to their money, property, and possessions, and who wants to spare their family from difficult decisions during an already painful time. A short conversation with a wills solicitor in Stockport can take away much of that uncertainty, whatever the size of the estate.

How Can a Solicitor Help After a Death Without a Will?

If a will already exists, will and probate solicitors in Stockport can guide the executor through applying for probate, valuing the estate, settling any debts, and distributing what remains in line with the person’s wishes. If there is no will, the process is called applying for letters of administration, and it follows the rules of intestacy instead.

Either way, the process involves paperwork, deadlines, and decisions that can feel overwhelming without support. Our guide on applying for probate sets out the practical steps involved in more detail. Working alongside will and probate solicitors in Stockport can help reduce the burden on family members at a time when they need to focus on each other, not forms.

How Can Higgins Miller Help?

At Higgins Miller, our will and probate solicitors in Stockport understand that conversations about death and inheritance are rarely easy to start. We provide clear, compassionate advice, whether you are making a will for the first time, updating an existing one, or dealing with the estate of someone who did not leave one.

Planning ahead also means thinking about what happens if you lose capacity before you die, not only after. Many of our clients choose to arrange a lasting power of attorney in Stockport alongside their will, so that decisions about their finances and welfare stay in trusted hands whatever happens. You can read more in our recent article on planning ahead with a lasting power of attorney.

If you would like advice from will and probate solicitors in Stockport, our friendly team at Higgins Miller is here to help, whichever stage of the process you are at. We work with clients across Stockport, Manchester, and Cheshire, and our Wills and LPA team is ready to guide you through your options with care.

FAQ’S

Your estate is distributed according to the rules of intestacy rather than your personal wishes. This can mean unmarried partners and stepchildren are not automatically included, and the outcome may not reflect what you would have chosen.

Usually, yes. Rather than applying for probate in the usual way, the person responsible for the estate applies for letters of administration, which allows them to deal with the estate under the rules of intestacy.

Not automatically. Unmarried partners do not have the same automatic inheritance rights as married couples or civil partners, whatever the length of the relationship. Speaking with our team can help clarify how this might affect your circumstances.

There is no need to wait for a particular age or life stage. Many people choose to put a will and a lasting power of attorney in place together, simply so the decision is made calmly rather than during a crisis.

 

If you would like to speak with our team, call us on 0161 429 7251 or email ask@higginsmiller.co.uk. We are always happy to help.

WHAT OUR CLIENTS SAY ABOUT US

Upon commencing my association with Higgins Miller, I experienced a heightened sense of apprehension and anxiety regarding the impending legal proceedings. Throughout the course of the year, I interacted with several solicitors, each of whom demonstrated exceptional professionalism and dedication. They maintained consistent communication, providing me with regular updates and effectively alleviating my concerns. Ultimately, I emerged victorious in my case, and I am profoundly grateful to Higgins Miller for their invaluable assistance. Without their expertise and support, the outcome could have been drastically different.

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I have had the pleasure of having a few dealings with Mark Higgins and him taking care of us. I can’t speak highly enough of Mark. His knowledge and attention to detail is first class.

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Mrs B.

From start to finish, Mark has gone above and beyond in my case. Always made time for me to discuss any issues, big or small and was excellent in his advice and expertise. This has been an incredibly difficult time for me, and the endless support/guidance you have given me has been priceless. I felt that my voice/concerns were always prioritised not just by Mark but by the whole team. Thank you

Mrs H.

I just wanted to say thank you and express my appreciation for the support you gave me during this very long and stressful period of my life.

I commend your professionalism and communication skills. Though the wait was long and frustrating at times, you took the time to explain things to me and answered my questions with honesty. You were never dismissive nor disrespectful as some previous legal practitioners were since the start of my journey and I appreciated that.

Please never change and from the bottom of my heart, a massive thank you.

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