If you die without a valid will you die intestate.
But, what does this mean?
In this article, we’ll outline the somewhat surprising rules of intestacy, and how it will affect your loved ones.
Intestacy
According to UK Law, when a person dies without a will the rules of intestacy must be followed.
Unfortunately, these rules may make many of your loved ones miss out on inheritance. This is because they only take marriage and blood relations into account, resulting in unmarried partners, relatives through marriage, friends, and carers being unable to claim a legal right of inheritance.
So, how will these rules affect your loved ones?
Spouses and civil partners
If the person who has passed was in a marriage or civil partnership, and had no children, the entirety of their estate will be inherited by their spouse or partner.
This rule will even be enforced if the couple were separated at the time of death. Only a legal divorce would stop the rules of intestacy from being applied in this way.
Children of the deceased
If the person who passed had children and was married, the first £250,000 of their estate will be inherited by their partner.
Then, they will receive 50% of the remaining estate. After this, the remaining money is split between the children.
Children under 18 cannot inherit any money until they reach legal maturity.
If the deceased was not in a legal marriage at the time of passing, all of the estate will be inherited by their children if they have them.
Of course, the same ‘age rules’ apply so they must be over 18 to inherit the money.
Relatives of deceased who have not had children
The rules of intestacy become more complicated if a person passes away with no marriage, civil partnership or children.
Essentially, all remaining blood relatives fall into a hierarchy. Who takes priority in this hierarchy is subjective to the family.
However, those who are legally included in this hierarchy, in no particular order, are parents, siblings, grandchildren, aunts, uncles, nieces and nephews.
The estate will be put under the control of the Crown if the intestacy list is exhausted. If this occurs, relatives who are more distant can make an inheritance claim if they can prove their relation to the deceased.
Can you appeal the rules of intestacy?
It is possible to appeal these rules if you think you deserve an inheritance. You will have to take your case to the courts and go through a legal process to rectify the situation.
The Courts will then make a decision on the basis of fairness, rather than the legalities.
However, there is no guarantee that an appeal like this would succeed, even if court applications of this nature are more common than you would think.
That is why it is advised that everyone should write a will with the help of a legal specialist to ensure they have total control of their assets before they pass away.
Looking for a specialist in wills?
Rebecca Harbron Gray, Winn Solicitors’ Head of Wills, Probate and Trusts, explains the importance of using an effective will writing service, saying:
“Many people avoid writing a will and making plans for death for many years because they think it is a morbid or depressing process. But the truth is that once complete, people get a sense of comfort and relief from knowing they have done all they can to protect and care for their nearest and dearest.
“At Winn Solicitors, our team has decades of experience in this specialist field of law and we know how to make it simple and stress-free – no matter how complex your estate or family situation.”
With a dedicated team of legal specialists in Wills, Winn Solicitors can help you create a will that offers complete peace of mind and security for your family, no matter what the future holds.
If you’re looking for legal advice from a specialist in wills, and an expert will writing service, get in touch with Winn Solicitors today.