Also referred to as "Dying Intestate", and there are rules of intestacy which must be followed, when there is no valid will. The following people automatically inherit if there is no will:-
- Married Partners or Civil Partner (if you are divorced or if your civil partnership has been legally ended you cannot inherit under the rules of intestacy).
- Children
- Grandchildren
- Great Grandchildren
- Parents
- Sisters or Brothers
- Half siblings
- Aunts or Uncles
- Aunts or Uncles who are half blood related.
If the deceased has no living relatives and no will in place, the whole estate will go to the Crown.
If you were in a relationship with the deceased, and you are bequeathed a sum of money in their will, their legal spouse is still entitled to a legal right share of their deceased spoused estate. In fact, the living spouse can contest a valid will if their share of the estate leaves them with nothing, or a small sum.
Common questions include:
"Can partners who have not legally divorced but are separated inherit under the rules of intestacy?" Yes
"Can cohabiting partners (often referred to as common law partners), who are not married or in a civil relationship inherit under intestacy?" No.
Remember, these rules of intestacy only relate to an estate belonging to a person who has died without making or having a valid will.
More information can be found relating to the rights relating to dying instastate on the Gov,org website, which also provides information on the values you will be entitled to.
Bell Lax help individuals disputing Wills, Probate and Inheritance claims. If you think you might have a claim, please speak to a member of our specialist dispute resolution team, for a free no obligation discussion regarding your legal concerns on 0121 355 0011.
