What happens if you die without will?
Creating a will is a crucial factor in everyone’s life, and it is something that everyone should do, whatever their age. Many people often avoid thinking about the concept of death, which could potentially be one of the main reasons why more than half of the United Kingdom adults currently have no will.
However, when someone dies without leaving a will in the United Kingdom, he would have died intestate, and his succession must be shared according to the “intestation rules”, rather than your own wishes expressed. This can lead to a tension among each of the respective parts, especially if they believe that the way in which the succession is divided is unfair.
No matter how close you are close to your loved ones – even as a spouse – if there is no, your assets will be strictly distributed by intestable rules, the same as anyone.
What are the rules of intesties in the United Kingdom?
Regarding the law on inheritance and the administrators of power (2014) in England and in Wales, the rules detail strict instructions on which can inherit, according to your situation.
- If the deceased was married or in a civil partnership and had no children, the whole succession goes to their spouse or his civilian partner, provided that the succession is worth £ 322,000. If the succession exceeds this amount and the deceased has children, the spouse or the civil partner inherits the first £ 322,000 more than half of the remaining succession. The other half is also divided between the brothers and sisters.
- If there is no spouse or civil partner, the succession is also divided between the children of the deceased. If a child has already died, their share goes to his children – the grandchildren.
In England and Wales, the following people inherit the priority order:
- Spouse and civil partners
- Children
- Parents
- Full blood brothers and sisters
- Brothers and Blood Sisters
- Grandparents
- Aunts / uncles
- Aunts / half -blooded uncles
If there are no living parents, the whole succession goes to the crown. It is important to note that the intestation law does not cover the fine-child, single partners, friends and charities, which means that many of those who are close to you may no longer have anything after your death.
Reject your inheritance
In some cases, you can choose to reject the money or the goods that you are ready to inherit. This is known as “dissolution” an inheritance which then passes to the next person entitled according to the rules of the intestation. It is important to emphasize that if you decline the inheritance, this must apply to the whole active. It is not possible to receive part of the assets and refuse another part.
How to know if someone left a valid United Kingdom
Ideally, anyone who creates a will should inform their appointed executors appointed and make sure they know where it is stored, as in the office of a lawyer or a bank.
However, if you do not know if a will has been left, you can search for an online recording via the approval service for a low amount.
If you cannot locate the will but believe that you exist, you can report it as lost when submitting your approval request.
The importance of writing a will
When someone dies, it can be an extremely difficult period for those who are close to the person. Having a will can help avoid stress and worry, let friends and family focus on mourning with peace of mind, knowing that there is a plan in place to manage the field.
A will guarantee that your assets are distributed according to your wishes, providing financial support to expensive beings and reducing the risk of disputes that could cause family tension or damage.
How to reduce disputes or complications in the absence of a will?
If a relative dies without will, you can ask the Court for a “concession of letters of administration” to manage their succession. This request must be made within two years of their death; Otherwise, the law will start to automatically distribute the succession according to the insertion rules.
A minimum of two administrators is required, with a maximum of four. Having several administrators can help reduce conflicts by ensuring that the interests of the various family members are represented, in particular in complex fields. However, the third -party advice of a lawyer are also recommended. They can act as an impartial party and consultant for all legal issues that administrators and their loved ones may have.
If you need help and support on questions concerning wills and approval, our team of specialists from Thomas and Thomas Solicitors provides a full range of will. For more support and advice, contact us here.
By India Ford, trainee lawyer within the wills service and successions
