Situations Where There Is No Will

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Martin Shepherd Solicitors Protecting Your Interests For Situations Where There Is No Will

When a person dies without leaving a Will, their estate is distributed according to the rules of intestacy. In the UK, these rules determine who inherits the deceased’s estate. At Martin Shepherd Solicitors, we understand the challenges that arise in such situations, and we are here to provide expert guidance and support.

We can advise you on situations where there is no Will at our Potters Bar, Hertford and Finchley offices.

Without a Will, the distribution of assets can become contentious and complicated. Our experienced team is skilled in protecting your interests and ensuring that your loved one’s estate is distributed fairly and in accordance with the law. We work tirelessly to achieve the best possible outcome for you, providing compassionate support every step of the way.

Two solicitors debating situations where there is no will

Understanding Intestacy Rules For Situations Where There Is No Will

Intestacy rules dictate how a deceased person’s estate is distributed when there is no Will in place. These rules can vary depending on the family structure and relationships involved. Our solicitors have a thorough understanding of intestacy laws and can help you navigate the process with confidence.

Married Partners and Civil Partners: What Are Your Rights?

In the UK, married partners and civil partners have specific rights under the rules of intestacy when a spouse or civil partner passes away without a Will.

You can inherit under intestacy rules if you are still married or in a civil partnership at the time of death. However, divorced individuals or those whose civil partnerships have ended cannot inherit under intestacy rules.

Informally separated partners can still inherit under intestacy rules, while cohabiting partners, often referred to as ‘common-law‘ partners, who were not married or in a civil partnership, cannot inherit.

When there are surviving children, grandchildren, or great-grandchildren, and the estate is valued over £322,000, you can inherit:

  • All personal property and belongings of your deceased partner.
  • The first £322,000 of their estate.
  • Half of the remaining estate.

 

When there are no surviving children, grandchildren, or great-grandchildren, you inherit:

  • The whole estate with interest from the date of death.
  • All personal property and belongings of your deceased partner.

 

Are you in need of legal help? Learn more about situations where there is no Will at our Hertford, Potters Bar and Finchley offices.

Children, Grandchildren Or Close Relatives

As a child or grandchild of a deceased individual without a Will, your inheritance rights are also determined by the rules of intestacy. Here is a breakdown:

Children

Inheritance Eligibility:

  • Children inherit if there’s no surviving married or civil partner.
  • If no surviving partner, children inherit the entire estate, regardless of its value, equally among them if there are two or more children.
  • If there is a surviving partner and the estate exceeds £322,000, children inherit a share equal to one-half of the estate’s value above this threshold.
 

Equal Inheritance:

  • All children of the deceased parent inherit equally under intestacy rules, irrespective of their parentage.
 

Adopted Children’s Rights:

  • Adopted children, including step-children who’ve been legally adopted, have inheritance rights.
  • Biological lineage is typically required for inheritance, except in the case of adopted children.
 

Age of Inheritance:

  • Children receive their inheritance upon reaching the age of 18 or upon marriage/civil partnership before this age.
  • Until then, trustees oversee and manage the inheritance on their behalf.
 

Grandchildren

Typically, grandchildren or great-grandchildren cannot inherit directly from the estate of an intestate person.

 

Exceptional Circumstances:

However, if their parent or grandparent has passed away before the intestate person, or if their parent is alive when the intestate person dies but dies before turning 18 without marrying or forming a civil partnership, then grandchildren and great-grandchildren become eligible to inherit.

Want to know if you have a right to receive an inheritance? Learn more about situations where there is no Will at our Finchley, Potters Bar and Hertford offices.

 

Other Family Members

Parents, siblings, nieces, and nephews may inherit under intestacy rules. Their inheritance depends on factors such as:

  • the presence of a surviving spouse or descendants
  • the value of the estate
  • whether other closer relatives are alive. 

 

If there are no closer relatives, other distant relatives like grandparents, uncles, aunts, and cousins may inherit in a specific order.

Three Wills and Inheritance solicitors having a discussion
Three solicitors discussing putting a pet in your Will

Get In Touch With Martin Shepherd Solicitors Today For Situations Where There Is No Will

For expert legal advice on situations where there is no will, don’t hesitate to reach out to Martin Shepherd Solicitors. With our extensive experience and personalised approach, we are here to assist you every step of the way.

You can contact us today at 020 8446 4301. To discuss your legal needs further, feel free to reach out to Debbie Gibbs at dg@martinshepherd.co.uk or Gareth Humberstone at gh@martinshepherd.co.uk.

Let us guide you through your legal matters with professionalism and care.

For situations where there is no Will, their estate is distributed according to the laws of intestacy. This legal framework determines how assets are divided among surviving family members.

Martin Shepherd Solicitors can provide specialised guidance and legal representation to navigate the complexities of intestacy laws. Our team ensures that your loved one’s estate is distributed fairly for situations where there is no will.

Intestacy rules consider various factors, including marital status, the presence of children or grandchildren, and other familial relationships, to determine how assets are distributed situations where there is no Will.

Unmarried partners, also known as cohabitees, may not have automatic inheritance rights under intestacy laws. However, certain provisions may apply depending on the specific circumstances and the region’s legal framework.

If you need any help with situations where there is no Will, contact us.

Yes, distant relatives such as grandparents, uncles, aunts, and cousins may inherit under intestacy rules if there are no closer surviving relatives. The hierarchy of inheritance is determined by legal statutes.

For expert guidance on situations where there is no Will, contact us.

In the absence of a Will, it’s crucial to seek legal advice promptly. Martin Shepherd Solicitors can guide you through the process of administering the estate, including identifying heirs, managing assets, and resolving any disputes that may arise.

In certain circumstances, it may be possible to challenge the distribution of assets under intestacy rules. Grounds for challenge could include disputes over familial relationships, allegations of undue influence, or concerns regarding the deceased’s mental capacity. Martin Shepherd Solicitors can provide expert advice on situations where there is no Will.

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