Dying Without A Will - By: Gary Storer

In the event that someone dies without making a Will, then what will happen to the property, possessions and money they've left behind? In the UK, the estates of those who die without a Will are subject to the Rules of Intestacy. This article explores what that means, and who will find themselves as a beneficiary.

What Happens If Someone Dies Without A Will?

If someone dies without having made a Will, then they have died 'intestate'. Consequently, the Rules of Intestacy will apply. This means it is the law which determines who will be a beneficiary of the deceased's estate, and how much each beneficiary will receive.

Unfortunately, no consideration is given to wishes the deceased expressed in their lifetime: if there is no valid Will, then these wishes are not legally binding and cannot be carried out.

The Rules Of Intestacy: Who Inherits What?

Intestacy Rules are complex as there are many factors which must be taken into account, all of which will vary who will inherit what. Put simply, the rules on who will inherit the estate of someone who has died intestate can be explained as follows:-

* If you are legally married and have no other relatives then your spouse will receive everything;

* If you are legally married and have children but your estate is worth less than £250,000 then your spouse gets everything. If your estate is worth more than £250,000 then your spouse will get £250,000 and a life interest in half of anything over this sum. Your children would get the remaining half of the sum over £250,000 immediately and be entitled to the other half on the death of your spouse;

* If you are legally married, have no children but do have parents, brothers/sisters, grandparents, aunts/uncles and your estate is worth less than £450,000 then your spouse gets everything. If your estate is worth more than £450,000 then your spouse would get £450,000 plus half the balance. The remaining half goes to other relatives in order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles;

* If you are not legally married but have children then your estate will be shared between the children;

* If you are not legally married, have no children, but have parents, brothers/sisters, grandparents, aunts/uncles your estate will be shared equally in order of priority;

* If you are not lawfully married and have no other relatives your entire estate will go to the Crown.

It is important to remember, however, that Intestacy Rules are subject to change. For more information you should either contact the Probate Service or a legal expert.

Have You Received Reasonable Financial Provision?

Occasionally, someone may feel the Intestacy Rules have not left them with reasonable financial provision. If an estate has been distributed and you feel you have not received an acceptable sum, then there is action you can take. Primarily, you can make a claim under the Inheritance Act 1975 regarding the Provision For Family and Dependents. Those that want to make such a claim should be of a certain relationship with the deceased (eg. spouse, child, dependent or cohabitee). Additionally, the claim must be made within six months of the Probate Courts granting Letters of Administration.

Get Expert Help.

Managing the estate of someone who has died can be complicated at the best of times, and it can become even more difficult if the deceased has no Will. For assistance you should contact a legal expert. A solicitor will be able to assist you with the Probate process, and can help explain the Intestacy Rules in their entirety.

About the Author

Need Wills Solicitors Birmingham? If you are looking for friendly and approachable Birmingham Solicitors, we can help you. Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.

Article Directory Source: http://www.articlerich.com/profile/Gary-Storer/94884

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