Although we are free to make a will so that, when we die, we can leave our assets to whoever we like, we are also free to die without having made a will – or intestate – so that the state decides how our estate will be divided up. Either way, if we leave behind people who need and could reasonably expect financial help from our estate, the law can step in to make sure they get it under the Inheritance (Provision for Family and Dependants) Act 1975. The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925 and have not materially changed since their creation. Nick Beetham looks at amendments proposed by The Law Commission after exhaustive research and consultation.

Dealing with an estate when someone has died is a puzzle for most of us. We are faced with this task so infrequently that it is not one that is routinely learned through life experience and added to this is the fact that probate and inheritance law change from time to time; what was relevant seven years ago might not be appropriate today. In Part One of this two-part article, we looked at the early activities that take place including the considerations a family normally takes into account before appointing professional help and then after the appointment, the steps and information needed to apply for a Grant of Probate.

As consumers, we are forever looking for a bargain – perhaps especially these days - and the world of estate administration is no exception. Some people are capable of administering a deceased parent’s, or spouse's, estate without professional assistance – although anyone contemplating this should be alive to the pitfalls that await the unwary - the cost of probate provided by a professional is often small in relation to the stress created, and time needed, in even a simple case. In this article I will show, based on my experience, some of the things you will need to be aware of, should you decide to administer an estate yourself.

Recent publicity has highlighted the need for care when appointing executors to one’s will. Banks have come in for bruising criticism of their charges for acting as executor and, on 17th March 2011, The Law Society issued a practice note to solicitors setting out their responsibilities to their clients in this regards. Nicholas Beetham discusses the issues you should consider when choosing your executors and sets out a useful checklist to help you make the right decision.

Some people still sometimes refer to Inheritance Tax (IHT) as Death Duty. The tax has gone by a number of names over the years (not all of them complimentary…) and was, perhaps, most memorably characterised by Labour Chancellor Roy Jenkins as “…a voluntary levy paid by those who distrust their heirs more than they dislike the Inland Revenue.”