Is there a will or what's an intestacy?

When someone dies and leaves a Will, then the Executors named in the Will must administer the Estate in accordance with the Law and the provisions in the Will. If there is a Will it is important to ensure the will is valid.

A Will normally stipulates who the Executors are (i.e. the persons appointed to carry out the administration of the Estate). Sometimes there can be more than one Executor. It is important that all Executors work co-operatively as disputes between Executors can become costly.

If there is more than one Executor but one of the Executors has died or does not wish to stand as Executor, then the others can still handle the estate without them or with power reserved to the other Executor if they file the appropriate paperwork.

When someone dies without having a valid Will, this is known as dying Intestate and the law determines who the beneficiaries of the Estate are and who is eligible to apply for a Grant of Letters of Administration.

Whether there is a will or someone has died intestate it is always wise to seek early expert guidance before taking any steps in the administration.

RMNJ are always glad to discuss any questions you have without obligation and at first instance entirely free of charge.

Back to RMNJ's Guide to Probate