Estate Administration without Wills

When someone dies without a Will they are said to have died intestate .

In this situation the estate will pass according to rules which have been put together over the years  based on what it would be considered reasonable for people to inherit in certain situations.

Although English law is different to all other European law including Scottish law because it is based on ancient Roman law English intestacy rules have carried some elements which  are similar to Roman law.

This is apparent in the division of the estate where there is a surviving spouse and children.

Over a period of many years the rules here have not truly reflected the wishes expressed in a married couple’s Wills .

For as long as anyone can remember  a standard married couple’s Will leaves everything to each other and  then  to children.This happens in probably  80% of cases .

However,the intestacy rules state that in a situation where spouse and children survive :

1 The spouse receives  £450000 and personal possessions and a life interest  in half the remainder ie spouse receives the income from the capital for life and on her death the capital passes to children equally when they reach 18 years of age.

2 The remaining half of the estate passes to the children in equal shares when they reach 18 years of age.

This is hardly reflecting the wishes of most people in these circumstances.

Until quite recently  the amount  passing to the spouse was £250000 and was for many years  so the increase to £450000 is substantial but the overall package does not fit with what people generally want  to happen with their estate.

Whatever the reason is for the intestacy rules being written in this way the fact is that you cannot rely on them if you want to pass your estate entirely to your spouse  and certainly not for you unmarried  partner  who receives nothing under these rules.

The only way to ensure your wishes for your estate are carried out is to make a Will with someone who is conversant with administering estates inheritance tax and the law of succession and who are qualified in this area .

This means that you should only  take  advice from either a solicitor practising in this area or a member of STEP [the Society of Estate Practitioners] or preferably dual qualified which is what our recommended service Consumer Estate Managment have.