Intestacy – why should I have a will?

Recent research has shown around half of adults in the UK under 65 do not have a valid will in place. Dying intestate, i.e. without a will, can cause problems for your loved ones when sorting out your estate so it is important to get a will in place long before you think it may be needed.

Intestacy rules

In England and Wales, the law sets out who should deal with, and who will inherit, an estate in the absence of a valid will.

One of the most noteworthy issues is that there is no provision for unmarried couples; co-habitees are entitled to nothing even if they have lived together for decades or have children together.

Conversely, if a married couple have separated but not divorced then an estranged spouse would be entitled to a large portion, potentially all, of the estate upon death.

It may be possible in such instances to challenge and remedy these scenarios using The Inheritance (Provisions for Family and Dependant’s) Act 1975 but this would likely be a long drawn out and costly process handled via the courts.

Usually an estate will be distributed as follows under current intestacy rules:

* – Children includes both adopted children and illegitimate children but does not include step-children.

If there is neither a surviving spouse (or civil partner) nor any surviving children, then there is a relatively long order of priority of relatives set out in statute. If no relevant relatives can be identified, the Crown receives the estate.

Other practical issues

As well as an estate not being distributed in line with the deceased wishes, dying intestate can cause other practical issues.

Where a will is in place, executors named in the will can start acting as such for an estate upon the death of the deceased as their authority is derived from the will. An administrator (the intestacy equivalent of an executor) has authority from a grant of administration which is only issued much later, including after inheritance tax forms have been filed and the tax has been paid, and hence the deceased’s assets cannot be dealt with until much later after the death.

Should you require assistance in having a will prepared or undertaking probate work, then please contact your local Perrys branch.