Intestacy

It’s important to note that not all of a person’s estate will necessarily follow the intestacy rules. There are separate rules for assets held jointly whereby such assets will pass by what is known as survivorship to the surviving joint owner, for example, a deceased held a joint bank account, this account will pass automatically to the joint account holder rather than via a Will or the intestacy rules.

When determining who should inherit an estate under the intestacy rules, you must ask certain questions. For more information on the rules of intestacy, please click here.

If you die intestate, and are married, your spouse or civil partner will only receive a certain amount of your estate (currently the first £250,000, if you have children and £450,000 if you do not, plus half of everything above that amount and your personal possessions). If you are separated from your spouse or civil partner but have not yet finalised your divorce or dissolution of your civil partnership, they will still inherit under these rules even if this would not be your wish. The remainder of your estate will then be split between any children, grandchildren or great grandchildren, or more distant family members if you do not have any direct descendants. The rules of intestacy only include biological children or legally adopted children so if you have step-children, they will not inherit any part of your estate.

If you have no immediate family, the administrators of your estate (persons responsible for gathering your assets and distributing your assets in accordance with the rules of intestacy) are legally obliged to trace and locate more distant members of your family. This may require the instruction of a genealogist to locate these family members, often at a great expense to your estate.

People who aren’t entitled to inherit under the intestacy rules (for example, financial dependants or co-habiting partners) can still make a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975.

We have a specialist department in contesting Wills, contact us today for more information.

Our lawyers have a wealth of experience in the administration of intestate estates and can help you deal with everything as quickly and efficiently as possible.

Consider registering a trust or estate. We aim to relieve the level of emotional stress at what is an already difficult time. As recognised Legal 500 experts we’re here to support you.