Test
Disputed Wills & Estates
Who inherits if there is no Will?
A Will is often a helpful post-death guide into the wishes of the Deceased as to their assets and funeral wishes, and who should be responsible for overseeing such.
The absence of a Will can therefore leave those surviving the Deceased with a series of questions and hesitancy in the steps that should be taken.
Intestacy
A person who passed away without having left a valid Will is classed as having died ‘intestate’. ‘Intestacy’, is the legal term often used to describe this position.
There is a set list of rules within legislation which governs in what order those surviving the Deceased will inherit, in the absence of a valid Will. This is found within section 26 Administration of Estates Act 1925 (‘the Act’), and is set out below:
- If the Deceased leaves no children = the surviving spouse or civil partner
- If the Deceased leaves children and a spouse = The first £322,000 for the surviving spouse or civil partner. Any balance over £322,000 equally to the spouse and any children of the Deceased;
- If the Deceased leaves children and no spouse = The children of the Deceased
- If the Deceased leaves no children and no spouse = any surviving father and mother, if both in equal shares, or if only one survives the Deceased, to the surviving parent absolutely;
If the Deceased leaves no children, parents, nor a spouse/civil partner, the rules provide as follows (in order of hierarchy): –
- brothers and sisters
- half-brothers and half-sisters
- any surviving grandparents
- any uncles and aunts
- any half-uncles and half-aunts
- the Crown
Administration
If a valid Will is not left, there will be no appointment of an executor, which refers to those whom a Deceased appoints to carry out the terms of their Will. In the case of the Deceased dying intestate, an administrator or administrators must be appointed. Generally, those who will inherit via the intestacy rules will apply to act as the estate’s administrator, however, if this party did not wish to act, they may wish to appoint another to do so on their behalf, or indeed, appoint a professional executor, such as a solicitor.
William Cook, an Associate Solicitor in our Dispute Resolution team, said:
“Whilst the intestacy rules provide a mechanism to ensure that there is clear guidance as to whom should inherit when a Deceased does not leave a valid Will, there is clear scope for the rules to depart from how the Deceased may have wished for their estate to have been distributed.
The above therefore stresses the importance of ensuring that a valid Will is made and, furthermore, that any administrator of an intestate estate, distributes the same in accordance with the rules, to prevent any beneficiaries advancing a claim for their rightful share.
If you believe that a Deceased person has passed away without leaving a valid Will and that you may be entitled to inherit by virtue of the intestacy rules, we can assist you in advising on any claim which may be open to you to recover your share of the estate.”