When someone dies without a will, it is referred to as dying intestate. This means that they have died and have not written a valid will.
It might be that they never made a will, or that the one they did make wasn’t properly written.
In this situation, the persons assets, money and possessions are distributed to surviving spouses, children, direct descendants, or other close relatives under the rules of intestacy.
Who inherits the estate?
The people who inherit the deceased persons money and assets are as follows:
- Married partners
- Children
- Other direct descendants and close relatives
The shares of money and assets are split between these people according to the intestacy rules.
Disputing inheritance when there is no will
Often, the rules of intestacy do not work for the families left behind. It might be that people who should rightfully receive inheritance because of their relationship to the deceased person are not included in the intestacy rules, or perhaps there are children under 18 who have inherited parts of the estate that the surviving spouse needs. If this is the case, there are different options.
Varying the terms of intestacy
Whilst Intestacy Rules are strict, it is possible to change the effect of them if ALL the beneficiaries who are entitled agree and consent to change how the estate is divided to a different arrangement.
This agreement to vary needs to be dealt with by a legal document known as a Deed of Variation. It is important to take legal advice in these circumstances.
Challenging the terms of intestacy under the Inheritance Act
The Inheritance Act gives the courts power to vary the terms of intestacy to provide reasonable financial provision to a qualifying person. For example, if the rules of intestacy mean that a person who was financially dependent on the deceased no longer has that support, the courts can assess the needs of that person and change the inheritance arrangements
You can check if you have the right to dispute an inheritance here.