Intestacy
If you die without a will, the process is out of your family’s control and your estate will be divided according to the rules of intestacy.
These rules are fixed and essentially determine who is the closest living relative to the deceased in a specific order to give them priority when it comes to inheritance, though this may also depend on the total value of your estate.
The order of inheritance is usually ordered as follows in England and Wales:
- Living Husband/Wife/Civil Partner
- Living Children or other descendants (for example Grandchildren or Great-Grandchildren)
- Living Parents
- Living Brothers or Sisters or descendants of deceased brothers or sisters
- Living Half-Brothers or Half-Sisters
- Living Grandparents
- Living Aunts or Uncles or any living descendants of deceased Aunts or Uncles (such as Cousins)
- Living Half-Aunts or Half-Uncles, or living descendants of deceased Half-Aunts or Half-Uncles
- If none of the above relatives can be found, the estate passes to the crown
The problems of intestate
The inflexible intestate rules sadly have no regard for the nuances of modern family life, potentially causing a number of inheritance issues.
Unmarried partners
Unmarried partners, who may have spent their whole lives with the deceased and could be the mother or father of their children, stand to inherit nothing from the intestate process.
This is due to the priority intestacy rules place on marriage. Married partners usually gain immediate priority, while unmarried partners are often not considered beneficiaries under intestate rules.
Fixed, inflexible inheritance priority
The fixed order of inheritance can also run contrary to the presumed wishes of the deceased, family members who had a close relationship with the deceased may be passed over for closer family members who had no relationship or even a hostile relationship with the deceased.
The cold judgement of intestacy laws can also create divisions and conflict within the family of the deceased, leading potentially to long-term acrimony over who inherited assets and who didn’t within the family of the deceased.
Default Child Arrangements
Child arrangements are also a key concern with intestacy. Under the provision of a will, you can specifically appoint trusted guardians to care for your children. This is especially important if you are a single parent and there is no obvious relative to care for your child or children.
If you die without a will, your children may be left in the care of people they have no relationship with or may not be completely suitable to care for your children.
No ability to give to friends and good causes
If you have no living family members and you die without a will, intestacy laws also prevent you from giving your assets to close friends, or even good causes you may support. This effectively erases your autonomy when it comes to your legacy in favour of a default inheritance to either a long-lost relative or the crown estate (effectively giving your assets to the state).
Protect your family and legacy with a will
But the good news is that you can guard against the cold judgement of intestacy rules by making your will today. And there’s never been a better time to make your will than right now.
With modern technology, making a will is easier than ever before and with the support of our experts here at QualitySolicitors Parkinson Wright we can help make a will that’s tailored to your individual wishes and family situation.
So don’t delay, contact us on 01905 721600 to book an appointment to make your will.