Intestacy Rules Archives

Oct 25

Who will inherit my Estate if I die without making a Will?

Will my dead husband’s children from a previous marriage inherit my Estate if I die without making a Will? I have no children and no living relatives.

Should you die without making a Will then your assets would pass in accordance with the Intestacy Rules.

If your husband was still alive then he would inherit the first £250,000 of your Estate if you have surviving children and £450,000 if you do not, which could, in turn, make its way to his children from a previous marriage in the event of his subsequent death.

On the basis that he has predeceased you then your assets will pass in accordance with the remainder of the Intestacy Rules.

Should you have no living relatives whatsoever then your Estate would pass to the Crown. If you are single or widowed, have no living relatives to include parents, children, brothers, sisters, half-brothers or half-sisters, nephews or nieces, then there is a great risk that your Estate will pass to the Crown.

It is, therefore, essential that you make a Will – even if it is to leave your assets to Charity, or your close or good friends.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Sep 23

My father died a widower without leaving a Will. Do his estranged sons have a claim?

My father died a widower without leaving a Will. I thought I was his only child but it appears he had two sons by a previous marriage who are making a claim against his Estate, which includes two properties. He had no contact with them in more than 40 years. Do they have a claim?

Unfortunately, your father died without making a Will and his spouse had predeceased him. In the absence of a Will he will be deemed to have died Intestate.

In an Intestacy assets will pass in accordance with the Intestacy Rules which is an attempt to anticipate what the deceased would have done had he made a Will. The order of beneficiaries entitled will dictate who is entitled to his Estate.

As he died a widower, but leaving children, then ALL of his children will share his Estate equally. Sadly, despite not having seen anything of his other children for over 40 years they are undoubtedly his children, just as you are. Therefore, all three of you will be entitled to share your father’s Estate equally.

In other words all three of you are entitled under the Intestacy Rules and his two sons need not necessarily make a claim against his Estate as they are absolutely entitled in any event.

This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you. In those circumstances their claim would not succeed unless they could show that they were dependants of your late father and, after no contact in 40 years, this would be impossible to prove.

It is examples such as this which emphasises the importance of making Wills – particularly if you have children by a previous marriage or previous relationship.

Aug 19

Is a Will valid if it is not signed?

My wife’s uncle has recently died. He intended to leave a Will and had left a piece of paper in his writing desk with details of what he wanted to happen to his Estate, but while the draft was dated it was not signed. He was childless and his parents and siblings are deceased. Would this draft act as his Will?

No. For a Will to be valid it must be signed by the deceased, who must sign in the presence of two independent witnesses, who themselves must also sign in the presence of the Testator (person making the Will) and both witnesses must state his or her name, address and occupation. The Will must then be dated with the date of signature of all parties.

A Will must also appoint individuals to administer the Estate, called Executors. The piece of paper in this case may represent an expression of wishes and, while dated, it was not signed and therefore has no validity whatsoever.

In the absence of a valid Will, the person making the Will will be deemed to have died Intestate and the order in which beneficiaries are entitled to share his Estate would be in accordance with the Intestacy Rules. On the basis that the deceased was widowed and his parents and siblings had predeceased him, and he had no children, this would result in nephews and nieces being entitled to the Estate.

Accordingly, your wife, as a niece of the deceased, may well be entitled to a share in her late uncle’s Estate.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Mar 31

Father’s ‘lost’ sons will share his Will

My father died a widower without leaving a Will. I thought I was his only child but it appears he had two sons by a previous marriage who are making a claim against his Estate. He had no contact with them in more than 40 years. Do they have a claim?

Unfortunately, your father died without making a Will and his spouse had predeceased him. In the absence of a Will he will be deemed to have died Intestate. In an Intestacy, assets will pass in accordance with the Intestacy Rules which is an attempt to anticipate what a Testator would have done had he made a Will. The order of beneficiaries entitled will dictate who is entitled to his Estate.

In other words all three of you are entitled under the Intestacy Rules and his two sons need not necessarily make a claim against his Estate as they are absolutely entitled in any event. This is different to two estranged sons who suddenly make a claim against an Estate where there may have been a Will leaving everything to you.

In those circumstances their claim would not succeed unless they could show that they were dependants of your late father and, after no contact in 40 years, this would be impossible to prove. It is examples such as this which emphasises the importance of making Wills – particularly if you have children by a previous marriage or previous relationship.