When someone dies, it is a difficult and complicated time, and usually, there are legal things to look after. Many people don't know what to do; KCLS might be able to help.

Estate

If someone dies and they don't have a will, then they are said to have died 'intestate'. There are special rules when someone dies intestate. Normally, the Supreme Court has to appoint someone to distribute the person's estate. This process is called a 'letter of administration'. For the Court to grant letters of administration, it needs certain documents filed which explain:

• All the people who might be able to administer the person's estate

• The kinds of assets the person has

• The people entitled to benefit from the person's estate

When a person's estate is very small, sometimes their assets can be distributed without having letters of administration granted by the Court.

If a person has died intestate and owned assets (not including assets owned jointly with another person) the law determines who will receive the assets of the estate. This is commonly known as the 'rules of intestacy'. ​Under the rules of intestacy, the surviving spouse of the deceased will receive the whole of the estate unless the deceased has children.

If you think you need help to deal with someone's estate when they die, KCLS might be able to help.

Probate

Probate is the process that you need to go through when someone has died and left a Will that names you as their executor. It involves making an application that proves that the will-maker is deceased, their Will is valid, and the person who is making the application is the executor. If all that is proven, the Court will grant that person permission to deal with the deceased’s estate.

KCLS can help you to apply for Probate, and prepare the required documentation:

• A motion for Probate

• An affidavit (a written and sworn statement that can be used as evidence in court) from you, the applicant

• A statement of the deceased’s assets and liabilities (what they owned and owed)

• Any other documents that may be required for your particular situation

Inquests

When someone dies in strange circumstances or if they die when they're in the care of a government service, like the hospital, prison, or police, the law says this is a 'reportable death'. When a reportable death happens, the Coroner has to decide if a public inquest should be held. A public inquest is when a Coroner holds a hearing to investigate the death and find out if anything could be done differently in the future.

The Coroner's job isn’t to charge anyone or to find civil liability - that is for other Courts. If you need help with an inquest matter, KCLS might be able to help.

Burial Disputes

When someone dies, sometimes people disagree about where or how that person should be buried. In those cases, the Court doesn't like to become involved because they are such personal family decisions.

KCLS can give the family information to work out how they can best resolve their disagreements.