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It also may not be carried out in the most tax-efficient way and in fact, unnecessary Inheritance Tax may become payable as a result.
At present, the intestacy rules do not recognise co-habitees who are unmarried and not in a Civil Partnership. Therefore, if you live with your partner and die without having made a Will, your partner will not automatically inherit any of your estate. Your partner will have to make a claim on the estate claiming financial dependence if appropriate. If you have children with your partner or from previous relationships, then those children and your partner will have to get separate legal representation in order to fight for a share in the estate. This can be distressing and expensive and is a situation that should be avoided.
The Intestacy rules do not recognise step-children and make no provision for the appointment of executors, guardians or making gifts to extended family, friends or charities.
There are also cost implications, as tracing all possible beneficiaries can substantially add to the fees that are incurred.
A simple Will is all that is needed to ensure that your wishes are provided for.
Yes, especially if an unsigned Will shows a different intent and they were prevented from signing it. Although this is hard to do.
A set of rules laid out in the Adminstration of Estates Act 1925.
Too many to set out here but the government has a useful website to work out how it applies to an estate and to identify who might benefit. If the husband in a married couple with children dies then their assets (not jointly held ones unless tenants in common) pass to their wife under the statutory legacy of £254,000 and the balance is held as to half for the suriving wife and the other half for the children of the deceased (including ones from previous marriages).
No. Next of kin is not a right to inheritance.
Same as any other in reality although in some cases there is a delay whilst a family tree is constructed and all relatives tracked down.
If you have any questions about intestacy, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
