What happens?
When someone dies without a Will, the rules of Intestacy apply meaning their Estate passes according to the Intestacy rules rather than the deceased’s wishes.
When the deceased had a spouse or civil partner and children, their spouse is entitled to all of the deceased’s chattels (in other words their tangible belongings) and a statutory legacy free from inheritance tax. The current statutory legacy is set at £322,000. The rest of the deceased’s Estate, such as their house, will be split equally between their spouse and children.
Where someone dies with a spouse and no children, their Estate will go to their spouse entirely.
If the deceased did not have a spouse, then their Estate will pass along according to a list of priority of blood relatives. If everyone in a particular category has died before the deceased, then the Estate will go to the next category. The list of priority is as follows, the deceased’s:
- Children.
- Parents.
- Siblings (or their children if they have predeceased).
- Half-siblings (or their children if they have predeceased).
- Grandparents.
- Uncles and aunts (then their children).
- Half-uncles and aunts (then their children).
In the rare case where the deceased did not have any blood relatives, the Estate will pass to the Crown. The Crown may make provisions for anyone who it would have been reasonable for the deceased to make provisions for.
The people who administer someone’s Estate are known as Personal Representatives. For someone who died without a Will, their Personal Representatives are known as Administrators. They are decided by the same order of priority listed above.
Why it should be avoided
As can be seen above, the deceased’s Estate is distributed according to a priority list of the deceased’s relatives. Fundamentally, it does not take into account the deceased’s wishes. This means that the Estate may pass to a relative the deceased did not get on with. As well, there are no provisions for anyone who is not a blood relative such as a long-term partner, stepchild or friend.
How it can be avoided
The easiest way this can be avoided is by writing a Will. By doing this, you can set out your specific wishes. This could include appointing your partner as your Personal Representative and making provisions for your grandchildren for the future. Additionally, you can make gifts to charity.
How we can help
Here at Clapham & Collinge, we are experienced in writing Wills and would be happy to help you ensure your wishes are respected after death. Simply contact our friendly Client Relations team on 01603 693500 or email enquiries@clapham-collinge.co.uk to get started.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230
enquiries@clapham-collinge.co.uk
The information in this article is for general guidance only and should not be treated as legal advice. It is not a substitute for obtaining advice tailored to your circumstances. While we aim to ensure accuracy at the time of publication, laws and guidance may change. Clapham & Collinge LLP accepts no liability for any loss arising from reliance on this content. For personalised advice, please contact our client relations team to book an appointment.nt.