New Intestacy Rules

As of 1st October 2014 new intestacy rules have come into force. Intestacy rules is the standard list of people who will inherit if someone dies without a Will.

The old rules meant that if you died without a Will leaving a spouse and children then your spouse would inherit the first £250,000 of your estate with the remainder being split into two parts. The first part would pass to your children equally and the second part would be held in trust providing your spouse with an income.

Under the new rules, the spouse receives their part absolutely without the need of a trust provision.

Where there are no children, the spouse will now inherit everything – this still applies if the married couple are estranged.

Some changes have also been implemented to allow a cohabitant to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they haven’t been left anything in the Will of the deceased, or if the deceased died without a Will. The cohabitant can proceed with this claim if they were being maintained by the deceased immediately before death.

These changes certainly don’t solve everyone’s issues and it is always better to seek professional advice and draw up your Will, making your wishes legal.

  • Will Writing Services

    A will is one of the most important legal documents you will ever produce, and is the only way to ensure that your wishes are carried out and your estate is divided in the way that you choose.

  • Probate Services

    Probate is a legal process that occurs once an individual has died, where your Executors/Personal Representatives handle your estate, including taxes, debts and distributions of inheritance.

  • Estate Planning

    Sometimes your circumstances may require additional clauses in your will to protect your assets against remarriage or bankruptcy or divorce of a beneficiary or to assist in mitigating inheritance tax.

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