The Intestacy Rules are set out in the Administration of Estates Act 1925 which now makes them over 100 years old.

It is amazing that a piece of legislation that is this old can still have such an impact so many years later.

When do the intestacy rules apply?

The Intestacy Rules apply where someone has died without leaving a Will or without leaving a Will that disposes of their whole estate.

What do the Intestacy Rules do?

The Intestacy Rules set out in law who can administer a deceased person’s estate in these circumstances and who can inherit.

Have the Intestacy Rules kept up with the times?

No. Although the Intestacy Rules are still applicable to estates nearly 100 years later, they haven’t kept pace or evolved with our ever changing society. The Intestacy Rules only provide for spouses/civil partners and blood (or adopted children), before moving on to wider family members such as brothers, sisters, aunts, uncles and cousins.

Importantly, the Intestacy Rules make no allowances for unmarried cohabiting partners or stepchildren. Families can quite often be caught out thinking that it is enough to have lived together ‘like husband and wife’ or to have treated their partner’s children ‘as their own’, when in fact neither of these would inherit.

Can I avoid the Intestacy Rules?

The only way to avoid the application of the Intestacy Rules is to make sure that you die with a valid Will that disposes of your whole estate.

Having a Will makes sure that you can choose who will deal with your estate once you die and who will benefit.

What else can Wills be used for?

They can also be useful for protecting assets for children from previous relationships whilst also providing your new partner/spouse.

Wills can also be used to appoint Guardians for any minor children that you might leave behind, and to delay a child’s inheritance until you feel that they are old enough to manage it – which may not be at the default age of 18.

How we can help

It is always sensible to speak to a qualified legal professional about your family and financial circumstances to make sure that you are receiving the most appropriate advice tailored to your specific needs.

If you would like to speak to us about preparing your Will or require more information on Intestacy. Please contact me on 01283 214231 or via email at C.Day@timms-law.com.

For further information on Wills, probate and estate planning, please visit our website here.