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HomeAugust 19, 2025
Pulmonary Embolism Delayed Diagnosis

Pulmonary Embolism Delayed Diagnosis

Pulmonary Embolism Delayed Diagnosis Written by Tanya Waterworth, Digital Content Writer About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience. Compensation for Clinical Negligence A pulmonary embolism...

August 19, 2025Blog By Tanya Waterworth
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What Happens If There’s No Will? Contesting Probate & How To Make a Claim? When someone dies, what happens if there’s no will? This is a common question asked by family and friends if someone dies without having done a will. If no will exists, intestacy rules determine who inherits, with spouses, civil partners, and children taking priority. Unmarried partners, cohabitants, and others often get nothing. But they may still contest probate through the Inheritance Act 1975 if they were financially dependent. In this regard, claims must typically be lodged within six months of the grant of probate or administration. At Jefferies Claims, we partner with highly experienced solicitors in contentious probate who can help you during this difficult time. Who Inherits If There’s No Will? When someone dies without a valid will, it is referred to as dying intestate. Therefore, the estate is distributed according to statutory intestacy rules, which vary slightly between England & Wales, Northern Ireland, and Scotland England & Wales • Married or civil partner survivors inherit the assets e.g. property and personal possessions and half of the remainder. The other half is equally divided among children. • If no spouse/partner, children inherit. If there are no children, more distant relatives (parents, siblings, and so on) are next in line • If there are no qualifying relatives, the estate goes to the Crown. Applying for Administration: Without a will, the closest relative (typically spouse/partner or children) may apply to become the administrator via a Grant of Letters of Administration. Can You Contest Probate When There's No Will? Yes—but it's more nuanced than contesting a will. While intestacy rules are firm, certain individuals can still press for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Grounds for Claim: • You were cohabiting with the deceased but not married or in a civil partnership. • You were financially dependent on them. • You inherited under intestacy but the provision isn’t sufficient to support you. Step-by-Step: What to Do If There’s No Will Step 1: Know the Intestacy Rules Understand who is legally entitled—this is crucial for evaluating whether you're excluded unfairly or underprovided. Step 2: Check Eligibility for Inheritance Act Claim If you're not covered by the rules—or are inadequately provided for—see if you can claim under the Inheritance Act. Step 3: Act Quickly—Observe Time Limits • Claims under the Inheritance Act must be filed within six months of the grant of administration being issued. • If contesting the validity or fairness of the process, caveats or warnings may delay administration, allowing investigation. Step 4: Gather Evidence • Financial documents showing dependency or need. • Documented relationship proving cohabitation or reliance. • Correspondence or testimonies from the deceased, if available, that point to their support or intentions. Step 5: Get Specialist Legal Advice Speak to a contentious probate solicitor. Contentious probate can be complex and they can navigate negotiation, mediation, or trial options for you. Step 6: Negotiate or Mediate First Most disputes try to settle out of court to avoid legal costs and emotional strain; if that fails, court proceedings may follow FAQs If There’s No Will Q Is contesting a will the same as contesting probate? No, they’re not the same. Contesting a will means a will exists and you are challenging the validity of the will document itself, for example, due to lack of capacity, undue influence, or incorrect signing). Contesting probate, on the other hand, is a broader term. It refers to disputes over the administration of the estate. This includes who applies for probate or letters of administration, how the estate is distributed, or whether reasonable financial provision has been made. Q Can you contest probate if you’re not a family member? Yes, in some cases. You don’t have to be a blood relative to contest probate. If you were financially dependent on the deceased, lived with them as a cohabiting partner, or were promised inheritance that hasn’t been honoured, you may be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The court will consider your level of dependency and whether you’ve been left without reasonable financial provision. Q How long do you have to contest probate Most claims must be made within six months of the grant of probate. This time limit applies to claims under the Inheritance Act 1975. However, if you are challenging the validity of the will or disputing the appointment of an administrator, the time limits can differ. Because deadlines are strict, it’s best to seek legal advice immediately if you’re considering contesting probate. Free Consultation Although intestacy rules set a default path, those excluded—like dependent cohabitants or children underprovided for—may challenge via the Inheritance Act 1975. Acting fast, gathering evidence, and working with a specialist solicitor are essential. We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more. 📞 Contact us today at 0333 358 3034 💻 or complete our online contact form 🤝 to arrange an free, no-obligation telephone consultation. What Happens If There’s No Will? Contesting Probate & How To Make a Claim? When someone dies, what happens if there’s no will? This is a common question asked by family and friends if someone dies without having done a will. If no will exists, intestacy rules determine who inherits, with spouses, civil partners, and children taking priority. Unmarried partners, cohabitants, and others often get nothing. But they may still contest probate through the Inheritance Act 1975 if they were financially dependent. In this regard, claims must typically be lodged within six months of the grant of probate or administration. At Jefferies Claims, we partner with highly experienced solicitors in contentious probate who can help you during this difficult time. Who Inherits If There’s No Will? When someone dies without a valid will, it is referred to as dying intestate. Therefore, the estate is distributed according to statutory intestacy rules, which vary slightly between England & Wales, Northern Ireland, and Scotland England & Wales • Married or civil partner survivors inherit the assets e.g. property and personal possessions and half of the remainder. The other half is equally divided among children. • If no spouse/partner, children inherit. If there are no children, more distant relatives (parents, siblings, and so on) are next in line • If there are no qualifying relatives, the estate goes to the Crown. Applying for Administration: Without a will, the closest relative (typically spouse/partner or children) may apply to become the administrator via a Grant of Letters of Administration. Can You Contest Probate When There's No Will? Yes—but it's more nuanced than contesting a will. While intestacy rules are firm, certain individuals can still press for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Grounds for Claim: • You were cohabiting with the deceased but not married or in a civil partnership. • You were financially dependent on them. • You inherited under intestacy but the provision isn’t sufficient to support you. Step-by-Step: What to Do If There’s No Will Step 1: Know the Intestacy Rules Understand who is legally entitled—this is crucial for evaluating whether you're excluded unfairly or underprovided. Step 2: Check Eligibility for Inheritance Act Claim If you're not covered by the rules—or are inadequately provided for—see if you can claim under the Inheritance Act. Step 3: Act Quickly—Observe Time Limits • Claims under the Inheritance Act must be filed within six months of the grant of administration being issued. • If contesting the validity or fairness of the process, caveats or warnings may delay administration, allowing investigation. Step 4: Gather Evidence • Financial documents showing dependency or need. • Documented relationship proving cohabitation or reliance. • Correspondence or testimonies from the deceased, if available, that point to their support or intentions. Step 5: Get Specialist Legal Advice Speak to a contentious probate solicitor. Contentious probate can be complex and they can navigate negotiation, mediation, or trial options for you. Step 6: Negotiate or Mediate First Most disputes try to settle out of court to avoid legal costs and emotional strain; if that fails, court proceedings may follow FAQs If There’s No Will Q Is contesting a will the same as contesting probate? No, they’re not the same. Contesting a will means a will exists and you are challenging the validity of the will document itself, for example, due to lack of capacity, undue influence, or incorrect signing). Contesting probate, on the other hand, is a broader term. It refers to disputes over the administration of the estate. This includes who applies for probate or letters of administration, how the estate is distributed, or whether reasonable financial provision has been made. Q Can you contest probate if you’re not a family member? Yes, in some cases. You don’t have to be a blood relative to contest probate. If you were financially dependent on the deceased, lived with them as a cohabiting partner, or were promised inheritance that hasn’t been honoured, you may be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The court will consider your level of dependency and whether you’ve been left without reasonable financial provision. Q How long do you have to contest probate Most claims must be made within six months of the grant of probate. This time limit applies to claims under the Inheritance Act 1975. However, if you are challenging the validity of the will or disputing the appointment of an administrator, the time limits can differ. Because deadlines are strict, it’s best to seek legal advice immediately if you’re considering contesting probate. Free Consultation Although intestacy rules set a default path, those excluded—like dependent cohabitants or children underprovided for—may challenge via the Inheritance Act 1975. Acting fast, gathering evidence, and working with a specialist solicitor are essential. We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more. 📞 Contact us today at 0333 358 3034 💻 or complete our online contact form 🤝 to arrange an free, no-obligation telephone consultation. What Happens If There’s No Will?

What Happens If There’s No Will?

What Happens If There’s No Will? Written by Tanya Waterworth, Digital Content Writer About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience. Contesting Probate & How To Make a Claim When someone die...

August 19, 2025Blog By Tanya Waterworth
Read More

Jefferies Claims is a claims management company. Jefferies Claims Limited is authorised and regulated by the Financial Conduct Authority FRN:999104.

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