When someone passes away without a Will, they are known to pass away intestate. This means that the law, i.e. the rules of intestacy, will decide how your assets are distributed.
The order of priority is set out within s46 of the Administration of Estates Act 1925. The below flow chart may assist:
This raises the question – is this now out of date?
With many people not marrying, children from different relationships having step parents and half-siblings (and note that step-children aren’t even included in the above chart!).
The most common issue I see is many unmarried couples believing that they are entitled to their partner’s estate, or at least a share of it. This is not the case.
Only married couples inherit under the rules of intestacy and even that can be difficult… if there are also children, the estate is split between the spouse and children, which can lead to spouses being homeless if the main home must be sold.
Do not end up in this trap and rely on 99-year-old law.
0207 183 4595
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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