Back to Basics: Intestacy

The rules of intestacy determine how a person’s estate is distributed if they die without a valid Will:

As shown in the flowchart above, the rules are strict and prioritise spouses or civil partners and children. However, many people are unaware that the law does not recognise family dynamics or long-term unmarried relationships—regardless of how committed they may be.

Even though the rules of intestacy provide that an estate is distributed, it can lead to outcomes that families feel is unfair and not in accordance with what the deceased would have wanted.

When there is no valid Will to state who has been appointed to manage the deceased’s affairs, Administrators need to apply to be legally appointed to manage the estate. This can lead to your affairs being managed by people you would rather not manage them.

Having a valid Will in place allows you to:

• Choose who manages your estate;

• Decide exactly who inherits what;

• Provide clarity and reduce family disputes.

  
  

It is equally important to review your Will regularly to ensure it still reflects your current wishes and personal circumstances.

Please contact me if you have any questions about this topic.

Emma Aslett

Penn Chambers Solicitors   

0207 183 4595

The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.