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In cases where someone dies without a Will, those individuals who are entitled to their Estate are also the people who have the power to take out Letters of Administration and administer the Estate. These people are called Administrators. They also have the right to deal with the body and any funeral or service that may occur.
The Intestacy Rules are archaic and create a rigid framework. They assume a very traditional family arrangement where marriage is awarded legal precedence. In today’s day and age, less and less people are getting married, and cohabitees are on the rise. This puts more people at risk of their Estate passing via the Intestacy Rules, which may not reflect how they want it to pass.
In broad terms, the order of priority (from top to bottom) of those entitled under the Intestacy Rules is as follows:
- Spouses or civil partners
- Children (adopted or biological)
- Parents
- Siblings of whole blood (or their children if they have predeceased)
- Siblings of half-blood (or their children if they have predeceased)
- Grandparents
- Uncles or aunts of whole blood (or their children if they have predeceased)
- Uncles or aunts of half-blood (or their children if they have predeceased)
- The crown
In the modern-day world, the most common type of family relationship are cohabitees (often mistakenly dubbed as ‘common-law man and wife’), with more than half of children being born today to unmarried couples. The Intestacy Rules do not recognise cohabitees, no matter how long or serious the relationship is. The Intestacy Rules also do not recognise stepchildren, unless they have been formally adopted by law. In stark contrast, an estranged spouse would be eligible to receive the majority, if not all, of an estate, should their legal spouse pass without a Will. Again, this would likely be contrary to the Deceased person’s true wishes.
Where an Estate passes in an unexpected way, the risk that a disappointed beneficiary will bring a claim increases. A disappointed or disgruntled beneficiary may be inclined to bring a claim for financial provision from the Estate under to the Inheritance Provision for Family and Dependants Act 1975. Such claims delay the administration of the Estate, may cost all parties involved thousands of pounds and can be extremely upsetting and stressful, which in turn can take a toll on personal and family relationships. For more information on these types of claims please see 1975 Act Claims.
The only way for your estate to pass in a way other than pursuant to the Intestacy Rules is to make a valid Will. If you have a Will, but it is proven to be invalid after you die, your Estate may pass via the terms of a previous Will or, in cases where there are no previous Wills, via the Intestacy Rules.
If you believe that you may have a claim against someone’s Estate, then please contact our experienced contentious probate solicitors by email or call on +44 (0)3333 231 580.
