Death is a difficult topic to discuss, as people don’t like being reminded of the need to plan for that distant day. However, as 59% of adults in the United Kingdom are yet to create their will, meaning that they risk intestacy if they pass on, we believe it’s an important topic to understand. Properly preparing for the day you move on allows you to protect your legacy by ensuring that those you love get what you intended for them.
Since 1952, the Intestates’ Estates Act has governed how your estate is shared if you die without a will, with strict guidelines for who gets what. In this blog we will give you an overview of what the Act entails, including who will and won’t inherit should you pass on intestate, and some of the difficulties it can cause for your loved ones. We hope that by educating you on intestacy, we can convey the importance of a will, as a preparatory tool that gives you control.
Who can inherit?
The Intestates’ Estates Act clearly defines a hierarchy for inheritance.
- If you are survived by a married partner: Partners stand to inherit the most under intestacy. For those who are married with no children surviving them, their estate passes to their partner in its entirety. Should they have children, their partner will receive everything up to £270,000 as well as half of the remainder, with the other half shared equally among their children, with both adopted and born children receiving the same rights. Grandchildren can stand to inherit if their parent has passed on before the intestate person, equally sharing between them and their siblings the intended inheritance of their parent.
- If you pass on without a married partner: In this situation your children inherit first, equally sharing your estate between them. If one of your children has passed before you, their share is split among their own children, should they have any, or is redistributed to their siblings. If, after you die, one of your children passes before reaching 18, the same process is applied. Should you have no living children, grandchildren inherit first according to the same situation explained earlier, before it is shared among your relatives.
- If you pass on without direct descendants or a married partner: The 1952 act has a clear hierarchy for who can inherit if this happens. Following the order, your estate will be shared entirely at a single level. For example, should you have surviving parents, they would be the first to share your estate. The order is as follows: parents, siblings, nephews and nieces, grandparents, uncles and aunts (with cousins inheriting as a grandchild would if their parent has passed on), followed finally by half-uncles, half-aunts, and half-cousins.
- If you pass with no living relatives: For those with no living relatives included within the act’s hierarchy, their entire estate will be inherited by the crown should they pass intestate, meaning that none of their assets go to people they knew and loved. It’s particularly important to have a will prepared in this situation so that you can retain control of what happens after you depart.
Under intestacy there are little room for exceptions. It can be incredibly difficult for those outside the established hierarchy to inherit anything regardless of their relationship with you. Furthermore, your estate could pass to someone who you do not wish to inherit, meaning that less, or nothing, goes to those who you wanted to benefit. Now that we have identified who can inherit, let’s discuss who would miss out.
Who can’t inherit
- Unadopted children: There are over 80000 ‘looked-after’ children in the UK who aren’t formally adopted. These could be foster children who you have yet to formally adopt, or dependents of departed loved ones who you are supporting whilst they grow up. Under intestacy they are excluded from the inheritance hierarchy, meaning that a vulnerable dependent may be left without any funding or housing to support them through their life.
- Unmarried partners: Many people choose not to get married, and with some 11% of cohabiting relationships being unmarried in the UK this could see many loved ones miss out on an inheritance This can be a particular problem for LGBT relationships. Whilst civil partnerships now give partners the same rights that marriage would, many LGBT relationships are in legally ‘informal’ partnerships. A will enables you to achieve the legal status, in terms of inheritance, that marriage would provide.
- Those who aren’t related to you: For many of us, our concept of family includes more than just our direct relatives. Those who are related to us by marriage, and our closest friends, are often loved just as much as our family members. However, within the rules of intestacy, they cannot inherit anything. A will can be a wonderful way to leave gifts for your greatest friends. For example, you may share a hobby, and wish for them to inherit all of your equipment for this hobby if you pass. Without a will, none of that can happen unless it’s passed on by those who inherit it through the rules of intestacy.
As well as restricting certain people from inheriting, passing on intestate can create challenges for those who survive you. There are legal avenues for those who miss out on inheritance, but feel they deserve a share. However, this can be a drawn out and extremely stressful process that brings those you love into conflict at an already distressing time. Furthermore, dying intestate leaves your non-human dependents in limbo. Many of us have furry, scaly, or slimy (we don’t judge), friends that are just as much a part of our family. Those pets often have their favourite people, who would be most suitable to inherit a responsibility for their care should you pass. Without a will that defines custody for your animals, it’s left for your beneficiaries to decide, creating a further point of discord, and potentially leaving your pets to live in an unsuitable environment.
Throughout this blog, we’ve discovered the ramifications of passing intestate, hoping to show you why written wills are a powerful part of your legacy. They enable you to control who gets a share, and exactly what it is that inheritors receive, making sure that your estate goes to those you love. At RRK Legal, we’re committed to assisting people in preparing for the day they move on, and our will writing services are a big part of that – we work to put people’s heritage in their own hands. If you’d like to discover more about our will writing services, visit our Will Writing page for further information.
Website: www.rrklegal.co.uk
Email: info@rrklegal.co.uk
Telephone: 01215460771
