If a person dies without having made a will or their will is deemed invalid, their estate (minus any debts or costs associated with the funeral) will pass on to the next of kin. However, the rules of intestacy are not straightforward and it is always advisable to seek the help of a legal expert as for example, only a married or civil partner, or another close relative may inherit the estate. Partners who have divorced legally may not inherit but those informally separated can. In addition, there can be considerations for grandchildren or great-grandchildren if the estate is worth more than £250,000. A spouse or civil partner may also find themselves entitled to a life interest in an estate. More guideline information can be seen in the diagram:
So if you are facing intestacy after the death of a loved one, it can be daunting. We can find you a local legal expert who can advise you of your situation and suitable courses of action open to you. Sometimes a simple conversation can save time and provide clarity about how to move on. There are many reasons why you might find a reason to appeal against the rules of intestacy so it is always worth checking your situation with a legal expert before taking the next step.
It is an unfortunate fact that a large number of people don’t make a will so when someone dies without one and the complicated laws governing intestacy are followed, there can often be disappointment for those who thought they would be in line for a windfall or be receiving funds they could rely on in the future. In some cases the courts can provide a remedy for surviving spouses, partners who were living together, children and other dependants but only when there is a challenge in good time within the 6 month time limit from the grant of probate.
We aim to find you the best professional support for your circumstances and payment methods can vary widely depending on your situation. Our legal partners can help you understand the best route for you to take as every circumstance can be different. Contact us now to find out how we can help