Michael Standerfer

If a person dies intestate (without a valid will), their estate is distributed according to the intestacy rules of the jurisdiction where they were domiciled. In England & Wales, the Administration of Estates Act 1925 governs distribution; in US jurisdictions, each state has its own intestacy statute. The outcome rarely reflects what the deceased would have wanted, and the process is often slower and more expensive. A properly drafted will avoids this entirely.

In England & Wales, a straightforward probate typically takes 6–12 months. Complex or contested estates can take 2–3 years or longer. In the US, timelines vary by state — New York probate averages 7–12 months, while California can be quicker. Cross‑border estates naturally require additional time for coordination between jurisdictions.

Yes, but only on specific legal grounds. These include lack of testamentary capacity, undue influence, improper execution, fraud, or forgery. In England & Wales, certain family members and dependants may also bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will fails to make reasonable financial provision for them. Each US state has its own will‑contest rules. Strict time limits apply in both countries, so you should seek legal advice promptly.

While it is legally possible to administer an estate without a solicitor, it is rarely advisable. Executors and administrators bear personal liability for mistakes. Professional legal guidance ensures compliance with court requirements, tax filings, creditor notices, and distribution rules. For estates exceeding the inheritance tax threshold (£325,000 in the UK, and varying state and federal thresholds in the US), legal assistance is strongly recommended.

The two systems differ in fundamental ways. The UK charges inheritance tax at 40% on the portion of an estate exceeding £325,000, with an additional residence nil‑rate band available when passing a home to direct descendants. The US federal estate tax exemption is far higher ($13.61 million as of 2024), but some US states impose their own estate or inheritance taxes at much lower thresholds. The UK follows a concept of "domicile" for tax purposes; the US taxes its citizens and residents on worldwide assets. Testamentary freedom is stronger in England & Wales — forced heirship rules in certain US states (and in Scotland) can override a will's provisions. These differences make cross‑border planning essential.

Fees depend on the complexity of your matter. I offer a free, no‑obligation 30‑minute initial consultation to discuss your needs and provide a transparent fee estimate. For straightforward wills, I typically charge a fixed fee agreed in advance. Complex probate, litigation, and trust work is usually billed on an hourly basis with regular updates. I never begin work without a signed engagement letter setting out the scope and cost.