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This article was published on January 9th, 2023
When someone passes away without a Will in place, it can be a difficult and confusing time for those left behind. Not only are they faced with the emotional stress of loss, but they are also faced with the legal complexities of settling the deceased’s estate. This is why it is particularly important to understand the rules of intestacy and what happens when someone dies without a Will.
The rules of intestacy decide what happens to a person’s estate when they die without writing a Will. Usually, when someone dies, the courts will refer to their Will to find out their wishes for how their estate should be divided and who they want to inherit their assets. However, when there is no Will and someone dies intestate, there are no legally binding wishes regarding their estate, and the rules of intestacy apply.
The rules of intestacy are fairly straightforward in most circumstances. Generally, in a family that includes a married couple and children, assets will be distributed to the closest relatives. However, this can more difficult when it comes to unmarried partners, cohabitees or families with step-children. For example, unmarried couples don’t have any protection under the rules of intestacy, so without a Will, you risk your assets going to relatives other than the partner of the deceased.
The easiest way to avoid intestacy is by ensuring that you have created a Will and kept it up to date. Creating a Will is the only way to ensure that your wishes are carried out after your death and to avoid the legal complications of intestacy. In addition, creating a Will gives you peace of mind knowing that your assets will be distributed to the people you want them to.
Here at Thorneycroft, we have a team of specialist Wills, Trust and Probate solicitors that are experienced in dealing with all aspects of estate planning affairs. We can offer you a free initial consultation to discuss your Will requirements, ensuring that we focus on your family’s needs as well as your capital and income requirements, your property and tax considerations. We will then agree on a price with you to create a bespoke Will that clearly expresses your wishes.
For more information and advice surrounding Wills, or to learn more about our bespoke Will service, get in touch today. To speak to a member of our specialist team, call us on 0800 1979345 or fill out our simple enquiry form.