Introduction
Are you unsure about what happens to an estate when someone passes away without a will? This guide will help you understand the rules of intestacy and who is entitled to inherit. With clear explanations and essential information, you’ll learn about your rights and options. If you need further assistance, Contend’s highly trained AI legal experts are here to help you navigate these complex issues and provide the support you need. Discover the easiest legal help in the UK with Contend.
When someone passes away without a valid will, their belongings and property (known as their estate) are distributed according to specific laws called the rules of intestacy. This can be a complicated process, especially if you’re not familiar with legal terms. In this guide, we’ll break down who can inherit under these rules and what you need to know.
Who Can Inherit?
Married and Civil Partners
If you are legally married or in a civil partnership at the time of your partner’s death, you have the right to inherit. However, if you are divorced or your civil partnership has been dissolved, you cannot inherit.
If you and your partner were living together but not married or in a civil partnership, you are not entitled to inherit anything under intestacy laws, even if you’ve been together for many years.
How Much Do You Inherit?
If there are surviving children or grandchildren and the estate is valued at more than £322,000, the surviving partner receives:
- All personal belongings
- The first £322,000 of the estate
- Half of what remains
If there are no children or grandchildren, the partner inherits everything.
Children
Children have a right to inherit if there is no surviving spouse or civil partner. If there is a partner, children can only inherit if the estate is valued over £322,000.
- If there is no partner, children inherit the entire estate equally.
- If there is a partner, children share half of the estate above £322,000 equally.
Grandchildren and Great-Grandchildren
Grandchildren and great-grandchildren can inherit if their parent (the child of the deceased) has already passed away.
Other Close Relatives
If there are no surviving spouses or children, other relatives can inherit in the following order:
- Parents
- Siblings (brothers and sisters)
- Nieces and nephews
- Grandparents
- Aunts and uncles
Who Cannot Inherit?
Some individuals do not have a right to inherit, including:
- Unmarried partners
- Friends
- Caregivers
- Relatives by marriage
If you feel you deserve a share of the estate but are not entitled under intestacy laws, you may be able to apply to the court for financial support.
What Happens If There Are No Relatives?
If the deceased has no surviving relatives, their estate goes to the Crown, a situation known as “bona vacantia.” The Treasury Solicitor manages these estates.
Changing How the Estate Is Shared
In some cases, families can agree to change how the estate is divided, as long as this is done within two years of the death. This is called a deed of family arrangement. Everyone who would inherit under intestacy must agree to this change.
Seeking Legal Help
If you find yourself in a situation where you need to understand your rights regarding inheritance, it’s wise to seek legal advice. Contend’s highly trained AI legal experts can provide guidance and help you understand your options, especially if you need to apply for financial support from the estate.
Additional Resources
- For more information on what happens when someone dies without a will, visit the GOV.UK website.
- If you’re grieving, organizations like Cruse Bereavement Care offer support and information. Their helpline is available at 0808 808 1677.
Navigating inheritance laws can be challenging, but understanding the basics of intestacy can help you know where you stand and what steps to take next. For tailored assistance, consider trying Contend’s legal expert chat for the easiest legal help in the UK.
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