What are the Intestacy Rules?
When you die without leaving a valid Will, there are strict rules in place known as the ‘Intestacy Rules’ which decide how your estate is divided. The rules have no regard for your previous relationships with those people, which can mean your estate passes to an estranged family member.
The only way to truly guarantee that your estate is given to whom you wish is to write a Will. Our specialist team at Banner Jones can guide you through the different types of Wills so that we prepare the right one to suit your circumstances. Families can be complex and it’s important to have a Will written that reflects your wishes properly.
For more information or to make an appointment please call 03300176309.
What are the Intestacy Rules?
The Intestacy rules which are enforced when there is no Will, are as follows:
If you’re married or in a civil partnership and you die intestate, your spouse or civil partner will NOT automatically receive all of your estate. They will only receive your personal possessions, along with:
- From 26th July 2023, the first £322,000 of your estate, personal chattels and half of the rest of the estate. The other half of the estate will go to any children, grandchildren or great grandchildren.
- If you have no children then they will get all of the rest of your estate
- If your estate is worth less than £322,000 your spouse or civil partner will inherit the whole of your estate and your children will receive nothing.
If you are going through a divorce we advise that you write a new Will without delay. If anything were to happen before the relationship legally ends your spouse would still be entitled to inherit, and depending on the value of the estate your children may get nothing.
Please note:
- Step-children are not considered to be your children and will not be provided for under the intestacy rules. You must legally adopt them or write a Will to ensure they are provided for
- The law does not recognise “common law” partners, if you are cohabiting and have not made a Will there is no guarantee that the partner will benefit
- If you have joint bank accounts, the account passes automatically by survivorship to the other joint account holder
- In most cases your home is the biggest asset during your lifetime, which in turn can make the life insurance pay out significant upon death. Only a Will can guarantee where this goes and how it is divided
- The way in which you own property and land together can make a difference to who inherits it upon death.
Case Study
Mr B came to make a Will even though he is not married and has no children. He has just purchased a property in his sole name therefore has decided to make a Will. He did this because he was aware that if he died without having made a Will, his estate would pass to his biological father under the intestacy rules. Mr B has no relationship with his biological father, his mother has already passed away and therefore he does not wish his father to inherit anything from him. By making a Will Mr B has now ensured that his assets/estate will pass to whom he wants to benefit.
By leaving a valid Will that says clearly who should get your property and money when you die, you can prevent unnecessary distress at an already difficult time for your family or friends. We’ve seen unmarried parents have to sue their own children to get a share of their partner’s estate when their partner dies, simply because the law states that in this situation the children get everything.
The word ‘valid’ is the key here as someone may think they are covered as they’ve written a Will at home, but if it has not been witnessed properly for example then it will be deemed invalid and the intestacy rules will still then apply.
What Happens if there is No Will?
If you die intestate leaving no surviving spouse or civil partner, your estate will be distributed in the following order, which is:
- If you have children (including legally adopted), they will inherit all of your estate in equal shares when they reach 18 (or if they marry before 18). If a child has already died, his or her children (the grandchildren) will inherit their share of the estate.
- If there are no children, your surviving parents will inherit your estate in equal shares.
- If there are none of the above, your brothers and sisters will inherit in equal shares. If a brother or sister has already died, their children (your nieces and nephews) will inherit their share of the estate.
- If there are none of the above, your half-brothers and half-sisters will inherit your estate. If a half-brother or half-sister has died, their children will inherit their share of the estate.
- If there are none of the above, your grandparents will inherit your estate in equal shares.
- If there are none of the above, your aunties and uncles will inherit your estate. If an auntie or uncle has already died, their children (your cousins) will receive their share of the estate.
- If there are none of the above, your half-aunties and half-uncles will inherit your estate. If a half-auntie or half-uncle has already died, their children will inherit their share of the estate.
- If you have no surviving blood relatives, your estate is passed to the Crown.
Why choose Banner Jones Family Law Solicitors?
Solicitors are insured and regulated. Will writers are not. Protect your family properly.
- We have offices in Chesterfield, Sheffield, Dronfield and Mansfield
- Highly regarded team of qualified Will Writers
- FREE secure Will storage for life
- Members of 'The National Will register'
- Appointments not always necessary
- Quick turnaround
- Home / Hospital visits available
- Witnesses provided
- We'll give you tax advice as part of the process
- Fixed Fee Promise on all Wills
- We will cover every detail leaving you able to relax
For more information about Wills, or to arrange an appointment, call or email info@bannerjones.co.uk.
Can the actions of a Trustee be challenged?
If it can be shown that a trustee has breached their duty (either their legal duty or a duty pursuant to the terms of the trust) then the actions of a trustee may be subject to legal challenge. In some circumstances trustees may be removed from office by an order of the court.
Do all Trust disputes result in court proceedings?
No. Wherever possible we will seek to resolve the dispute informally by negotiation and alternative dispute resolution. The majority of trust disputes reach settlement without the need for court proceedings to be commenced. Should this approach not prove successful however, we have experience and expertise in trust litigation and court proceedings can be commenced.
How much does a trust dispute cost?
It is difficult to accurately predict the total cost of any dispute as no two disputes are the same and the costs are largely dictated by the amount of work required to bring the dispute to a final resolution. We appreciate that clients do not like uncertainty in relation to legal costs and depending on the circumstances of the case, we are able to offer a number of funding options to clients in order to suit their needs.
What are duties and powers of a Trustee?
A trustee has the legal responsibility for assets held in a trust and is required to manage the trust in accordance with the specified terms and the settlor’s wishes. Trustees are subject to various duties and as part of their function, including a requirement to: -
- Act with responsibility and care;
- Administer/manage the trust in accordance with the trust deed;
- Act fairly and impartially to all beneficiaries;
- Keep detailed records to demonstrate the trust has been managed properly;
- Not to personally benefit from the trust.
What options are available where an Executor/Administrator is not carrying out their role properly?
There are several possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator. No two situations are the same and therefore consideration must always be given to the most favourable outcome given the specific facts of the matter.