Intestacy and the Modern Family

Intestacy happens when a person dies without leaving a valid will. Recent research suggests that as many as 1 in 3 adults do not have a Will in place.

?The rules on how a person’s estate will be divided, and who will inherit when a person dies without a valid Will, are set out in the rules of intestacy. It is not always clear who will inherit on an intestacy and can depend on who survived the person who has died, as well as the value of the estate.

?Unfortunately, the rules of intestacy do not consider modern day relationships. Unless two people marry or enter into a civil partnership, the surviving partner will only inherit assets owned jointly with the person who has died, if there are any, and nothing owned in their sole name. This is irrespective of how long they have been together. In this situation, assets in the sole name of the deceased would pass to any children of the deceased, or if there are no children, could even pass to surviving parents or siblings.

?A surviving partner can often make an inheritance act claim instead, or the family can vary the rules of intestacy to provide for the partner, however inheritance act claims can be time consuming and costly and family are under no obligation to vary the rules. The rules of intestacy also only recognise natural and adopted children and not stepchildren for the purpose of inheritance which, again, highlights that the rules do not allow for modern family set ups.

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For many this may seem unfair, but it is simply the result of the rules put in place to govern what happens when someone dies without a Will. The rules do not take into account individual circumstances and family dynamics and certainly do not provide any flexibility.

?As family sets up are becoming more diverse, estate disputes are also likely to rise. Such disputes are not only time consuming and costly but cause a lot of upset to loved ones left behind.

?Making a Will and keeping it under review should be routine. As is often the case with most things, life gets in the way and it often one of those jobs that is put off and pushed to the bottom of the to do list. ?The rules of intestacy (despite recently being updated), are unlikely to give you and your loved ones the best outcome and the unintended consequences of the rules can be easily avoided by choosing to make a Will and taking specialist advice.

?Our team at John Hodge Solicitors would be pleased to assist you in ensuring that your estate passes as you intend it to.