If you die without a will, the rules of intestacy determine what happens to your property. These rules vary from state to state, so it is important to know what they are in your state. In this blog post, we will discuss the most important rules of intestacy that you need to know.
When a person dies without a will, their property is distributed according to the rules of intestacy.
What are the rules of intestacy in England?
The rules of intestacy are as follows:
If the deceased dies without leaving a will, their estate will be distributed in accordance with the law.
The Rules of Intestacy determine how the estate of a person who dies without leaving a valid will is to be distributed.
In England and Wales, if someone dies intestate (without having made a valid will), their estate is divided up according to certain rules set out in legislation known as the Rules of Intestacy.
Even if a departed individual leaves nothing, intestacy rules can and do allow families to claim assets under certain conditions. This might be extremely distressing and time-consuming, demonstrating the significance of creating a will particularly if you’re living with someone to whom you are not married, or if there is someone you would want to inherit part of your estate who would not be able to do so via the intestacy laws.
No surviving spouse
If the deceased has no surviving spouse, then their children will inherit their property. If the deceased has no children, then their parents will inherit their property. If the deceased has no surviving parents, then their siblings will inherit their property. This order is called “per stirpes” and it ensures that everyone in the family gets a fair share of the inheritance.
Two types of intestacy
There are two types of intestacy:
Total Intestacy: If a person dies without a will and doesn’t have any living relatives, their property will go to the state.
Partial Intestacy: If a person dies without a will but has some living relatives, their property will be distributed according to the rules of intestacy.
How intestacy rules determine the distribution of an estate
The rules of intestacy are designed to protect the interests of close relatives. The order of priority is as follows:
– Spouse or civil partner
– Children, grandchildren, and great-grandchildren
– Siblings, nephews, and nieces
If there are no surviving relatives in any of the above categories, then the estate will go to the Crown.
Making a Will avoids Intestacy Rules
It is important to make a will to avoid the intestacy rules. If you die without a will, your property will be distributed according to the rules of intestacy and this may not be what you wanted. It is best to consult with an attorney to draft a will that meets your specific needs and wishes.
Intestacy Rules can be complex
The intestacy rules can be complex and difficult to understand. If you have any questions about the intestacy rules uk or need help drafting a will, please contact an experienced estate planning solicitor like Freeman Jones.