The ins and outs of intestacy

With hundreds of things to consider when a loved one passes away, the ins and outs of intestacy are certainly not one of them. It's easy to overlook it in the assumption that, even without a will, a loved one will be granted estate administration. However, when a person dies without a will, they become intestate, and the process becomes a whole lot more difficult.



Below are a variety of circumstances that someone should find themselves in, and the typical outcome if a will was not written.



Married Couples or Civil Partners



It is the widespread belief that when someone dies, everything will be given to their spouse or civil partner. However, this is not always the case, as there are financial quotas. Any more above these quotas will be divided between the children of the deceased. If there are no children, the cap rises and the parents and siblings then share anything above it.



Unmarried Couples



If a couple is unmarried, they are not classed within the rules of intestacy and have no automatic rights, even if they are cohabiting. The assets then go to any children, parents, siblings or other blood relatives, in that order of preference.



Step Children



Step children are not recognised by the rules of intestacy, only natural or adopted. This is also the case for extended step family (such as brothers, sisters and parents), so in the absence of a will, none of them qualify.



Friends & Charities



Without a will, regardless of how vehemently a person professed it whilst they were alive, none of their assets will be given to friends of theirs, or charities they support. The rules will revert instead, to those above.



If none of these apply and there are no familial blood links, everything will go to the crown.



When considering these rules, it becomes very apparent that probate, wills and intestacy are certainly worth dedicating thought too, else loved ones could be tied up in legislature if the worst were to happen.




Luke Scott is a renowned author on various law related articles. For more information on probate, please visit http://www.finalduties.co.uk