Separating Fact From Fiction: Common Myths In Contentious Probate

There are many myths surrounding the administration of an estate following the death of a loved one. Our expert Contentious Probate team aim to bust those myths and ensure you know all the facts to avoid unnecessary conflict.

1. My ‘next of kin' will deal with my estate when I die

When someone dies, their “next of kin” has no real legal standing in relation to probate. The term does not grant any legal authority to manage someone's estate; that responsibility lies with the appointed Executor or Administrator only.

1. “Common law man and wife”

In English law, cohabitation does not establish marital-like status, regardless of the duration you've lived together. Consequently, if one of you dies without a Will, intestacy laws will apply, and you may not inherit anything from the deceased's estate. Although, you may qualify to make a claim against the estate.