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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2138
Experience:  Freelance Solicitor at Self Employed
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Had a question regarding what happens if there is no will

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Had a question regarding what happens if there is no will but the spouse doesn't survive 28 days?
JA: Where is this? It matters because laws vary by location.
Customer: Wales
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's all

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Customer: replied 7 days ago.

Okay, thank you

Hi there,

When someone dies without writing a will, they are known as 'intestate'. In that other surviving beneficiaries can claim the estate , according to intestacy rules.

other relatives can claim the estate by applying for letters of administration.

Customer: replied 7 days ago.

In our scenario, my uncle's husband passed away two weeks ago. He wrote a will and never signed it, leaving everything to my brother & I and not his 4 children. My uncle is unlikely to survive the week, is there any action we could we possibly taking now to fulfil his wishes?

If the will is not signed by the testator and witnessed by 2 independent witness, then it is not valid.

Customer: replied 7 days ago.

So with a spouse unlikely to survive, his estate is likely to go to his children?

Your uncle's kids can can apply to the court for getting their share from the property by disputing the invalid will, and court will decide the share of each child according to intestacy rules.

Claim can be made under the the Inheritance (Provision for Family and Dependants) Act 1975; known as the Inheritance Act.

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