WHAT HAPPENS IF THERE IS NO WILL - INTESTACY


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WHAT HAPPENS IF THERE IS NO WILL – INTESTACY


Intestacy is the situation where a person has died without making a valid will. The law of intestacy state who should be responsible for the probate process and who shall receive the estate. Below, different situations are listed which state what happens to the estate if a person dies without making a valid will and intestacy law applies.

MARRIED WITH CHILDREN If the deceased was married or in a civil partnership and had children and has died without having made a will then under intestacy law, their spouse may not inherit all the estate. The deceased’s spouse or civil partner would be entitled to the following;

Up to £250,000 of the deceased’s estate assets

Personal possessions of the deceased.

After this distribution, the remainder of the estate is distributed in the following way under the laws of intestacy;

Half is shared equally amongst the deceased’s children and

With regard to the other half, the spouse is entitled to interest from the amount throughout her life and then after the death of the spouse, this money is distributed to the children.

MARRIED WITH NO CHILDREN If the deceased was married with no children and died without making a will then under the laws of intestacy the deceased’s spouse would be entitled to the following;

£450,000 of the deceased’s estate assets, or if the value is lower than this, the whole estate.

Personal possessions of the deceased.

After this distribution, the remainder of the estate is distributed in the following way under the laws of intestacy;

The spouse is entitled to half the remaining amount.

The other half is distributed in the following order, for example if the deceased’s parents have died, then it would be shared equally to the people next in the list;

Parents, brothers and sisters of the whole blood.

If the deceased does not have any parents or siblings of the whole blood, then the deceased’s spouse would receive the whole estate.

UNMARRIED WITH CHILDREN If the deceased was unmarried at the time of death but had children and died without making a will then under the law of intestacy, the deceased’s children would receive the estate in equal shares, however they would be held on trust and would not be accessible under the children reached the age of 18.

UNMARRIED WITH NO CHILDREN If the deceased was unmarried at the time of death with no children and died without making a will then under the law of intestacy, the deceased’s estate would pass to their parents in equal shares.

UNMARRIED WITH NO CHILDREN OR PARENTS If the deceased was unmarried with no children and no parents and had died without making a will then under the law of intestacy, the deceased’s brothers and sisters of the whole blood would inherit the estate in equal shares. If there were no brothers or sisters of the whole blood then the deceased’s brothers and sisters of the half-blood would inherit in equal shares.

UNMARRIED WITH NO CHILDREN, PARENTS, BROTHERS OR SISTERS If the deceased was unmarried with no children, no parents, no brothers or sisters and the deceased died without making a will then under the law of intestacy, the deceased’s grandparents would inherit in equal shares.

UNMARRIED, NO CHILDREN, PARENTS, BROTHERS, SISTERS OR GRANDPARENTS If the deceased was unmarried with no children, no parents, no brothers or sisters and no grandparents then under the law of intestacy the deceased’s estate would pass to their uncles and aunties of the whole blood. If there were none of them then to their uncles and aunties of the half blood.

NO SPOUSE/CIVIL PARTNER OR BLOOD RELATIVES If the deceased was unmarried, with no blood relatives then under the law of intestacy, their estate would pass to the Crown.

OTHER ISSUES

Unmarried Couples

Under the law of intestacy, unmarried couples do not automatically inherit anything. However, following the intestacy law, married couples are recognised as having significant rights over property upon death. Therefore, if a person is unmarried and dies without having made a will, then their partner will not automatically get anything! They might in certain circumstances be able to make an application under the Inheritance (Provision for Family and Dependants) Act 1975.

Separated Couples

Under the law of intestacy, if a person is separated but not divorced and dies without making a will, their spouse may be entitled to claim part or all of the deceased’s estate in certain circumstances.