Dying without a will – If there is no one to inherit my Will, what happens?
It’s a difficult subject, because who wants to anticipate death? As straight forward as the task of putting together a will can be, many people put it off. When a person dies without a Will, the estate falls into the rules of intestacy.
According to the Inheritance and Trustees’ Power Act, the rules determine who inherits what based on family connections. The rules don’t consider the closeness of your relationships, or who is most in need.
A person who dies without leaving a will is referred to as dying intestate. Similarly, if someone leaves a will that it is not legally valid, the rules of intestacy will decide how the estate will be shared out, not the wishes expressed in that will.
Why is it important to make a Will?
A person must detail how money or possessions are distributed according to the person’s wishes. Without a will, it results in the person’s possessions not being distributed in the way the person wanted. Those with children should make a will with arrangements in case either one or both parents unfortunately pass.
Neil Trestrail, Director here at Capilaux Legal has said:
“It amazes me that this figure is so high. Speaking regularly with solicitors and those in the legal community who deal with this sort of thing, you get to know the huge problems dying without a will can cause.”
Under the intestacy rules, your estate could be passed to unintended beneficiaries, leaving your loved ones in a difficult situation at already an emotionally challenging time. If you’re a cohabiting couple, surviving partners may have no right to access any inheritance.
With divorce rates increasing over the years, a second marriage is becoming more common and as result, it’s important to seek professional advice to ensure the will is set up to protect not only each other but equally any respective children.
Capilaux Legal works with a range of solicitors that have the experience and knowledge that can assist you in constructing your own valid will. If you would like more information about will writing, please get in touch today and we will introduce you to one of our trusted partners.
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