Intestacy

Emeritus Legal offer advice on the Intestacy Rules or how to make a claim under the Inheritance Act

It is the Intestacy Rules (set out in the Administration of Estates Act 1925 and amended by the Inheritance and Trustees Powers Act 2014 (ITPA 2014) that determine who gets what if you die without making a will.
Here are the latest Intestacy Rules as they apply now (as at October 2014):
You are married (or in a civil partnership) and your estate is worth less than £250,000
Under the Intestacy Rules, your surviving spouse/civil partner inherits everything.
You are married (or in a civil partnership), your estate is worth more than £250,000 and you have no children.
Again under the Intestacy Rules, your surviving spouse/civil partner inherits it all.
You are married (or in a civil partnership), your estate is worth more than £250,000 and you have children.
Under the Intestacy Rules, it now starts to get interesting and potentially problematic for the surviving spouse/civil partner. The first £250,000 and the personal possessions will go to the spouse/civil partner. The remainder of the estate will be divided in half, with half going straight to the surviving spouse and the other half being divided between surviving children.
If any child should pre-decease you, then their own children (your grandchildren), would get their parent’s share and so on if a grandchild has predeceased etc.
You are not married (or in a civil partnership) but have children
Under the Intestacy Rules your children will inherit everything equally. Again, if a child has pre-deceased you, then their children will get their parent’s share (or children’s children etc.)
You are not married (or in a civil partnership) and have no children
Under the Intestacy Rules, your surviving relatives will inherit in the following order:

If you have no surviving spouse/civil partner, parents, children, siblings, grandparents, uncles, aunts, cousins, first cousins etc. then under the Intestacy Rules, everything will go to the Crown!

Avoiding Intestacy Problems

If the Intestacy Rules cause financial hardship then a claim under the Inheritance Act can be considered.
However, the best way of avoiding the unintended consequences of the Intestacy Rules is quite simply to make a will. It is easy to do and cheaper then you probably think.
If you require advice about the Intestacy Rules or would like to make a claim under the Inheritance Act for more adequate provision then contact us now.
Remember

If you require advice about the Intestacy Rules or how to make a claim under the Inheritance Act for more adequate provision then contact us now.

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