We all know when we inevitably pass away all our assets, property, belongings etc get distributed or "handed down" to family, friends and so on. But do you know how difficult that process becomes when you don't have a will in place?
In this article, we will be looking further into what happens and the process involved when you don't have a will in place.
What are you doing to secure your family's future?
Having a will in place is crucial but what happens when you pass away and you have nothing in place or you don't have a valid/legal will put in place?
Well, all your assets are then shared with certain people under the Rules of Intestacy...only married or civil partners and some relatives can inherit under this. Meaning if you have a loved one but are not married yet, they get nothing unless stated otherwise in your will. This also comes into effect if the will you have written is invalid.
Children: Children of the intestate person will inherit all assets if there is no surviving married or civil partner. If there is a living partner, the children will inherit only if the estate is worth more than £270,000. The number of assets left after the first £270,000 will then be divided equally between the children. If there is no survivin
g partner the children of the person that has passed away will inherit the whole estate, and this will be divided equally.
Please note: Children do not receive their inheritance immediately, they receive it when they reach the age of 18.
Grandchildren & Great-Grandchildren: A grandchild or great-grandchild can't inherit from the estate of an intestate person unless their parent or grandparent has died before the intestate person, or their parent is alive when the intestate person dies but passes away before reaching the age of 18 without having married or formed a civil partnership.
Other Close Relatives: Parents, brothers, sisters, nieces and nephews of the intestate person may inherit under the rules of intestacy. However, this will depend on a number of circumstances:
Whether there is a surviving married or civil partner.
Whether there are children, grandchildren or great-grandchildren
In the case of nieces & nephews, it will depend on if the parent directly related to the person who has died has also passed away.
The amount of the estate.
Who is not entitled to inherit?
Un-married partners (You are classed as "Friends" in the eyes of the law).
Lesbian or gay partners who are not in a civil partnership.
Relations by marriage
If you can inherit under the rules of intestacy, you might be able to apply to the court for financial provision from the estate, this can be a long and costly process.
If there are no surviving relatives
If there are no surviving relatives who can inherit under the above rules the estate is passed on to the Crown, known as Bona Vacantia.
If you would like further information about protecting your assets please click here.
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