Probate - Relying on intestacy rules versus writing a will

Topsinger

My husband is terminally ill and being cared for in a hospice. His will predates our marriage so is invalid. We have no children so he was content that his entire estate will pass to me under the rules of intestacy. 

He now wonders whether the process would be easier for me if he wrote a new will. 

Does anyone have any experience of applying for Letters of Administration and know of any problems I might encounter? The online application looks very similar whether or not there is a will. I’d like to put his mind at rest and not put him through any unnecessary stress. 

Thank you. 

zagfles

I found the process easier when there was no will. It's basically the same steps except that when there's a will you need an extra step of getting a certified copy of the will. So if you're happy with the intestacy rules, then I don't see any reason to make a will. I don't have a will myself. 

Sorry to hear of your situation and best wishes at this difficult time. 

RAS

Which country are you in? Scottish law if different .You don't have any children. Does he have any from a previous relationship?

In England and Wales, the first £322k goes to you, beyond that it's shared between you and the children. Use the Government checker.

Berezny

Under intestacy laws, the estate should pass to you as the surviving spouse if there are no children. However, the absence of a will could lead to more administrative hurdles if other relatives contest the distribution or if there are specific assets or complications that arise.

p00hsticks

I guess it depends on how large and complicated the estate is and whether there are any other relatives out there. 

Personally I think the presence of a will would make things easier, as it means that you have down in black and white who the deceased wants to have their estate and to handle the administration.