Consequences of Dying Intestate
If you are to pass away without having a valid Will in place, it means that you die “intestate”. Without having a valid Will in place, your estate will be distributed according to the Law of Intestacy.
English Law of Intestacy: Without a Will, your estate will be distributed according to the rules of intestacy which of course depends on where you live. This blog focuses on the English Law. The Law of Intestacy prioritise close family members. There is a very handy tool on the government website Intestacy – who inherits if someone dies without a will? – GOV.UK
The Law may not reflect your personal wishes, i.e. if you wanted to leave any of your assets to friends, charities or others.
Disputes with family members: Dying intestate can lead to confusion and disagreements amongst family members over how assets should be distributed. Without clear instructions written within a Will, family members may argue over who should inherit, causing friction between the family or legal battles which in turn may delay the distribution of your estate and incur substantial legal fees.
Exclusion of certain people: Individuals who are important to you but aren’t close family members may be excluded from inheriting. Please note, that an unmarried partner is not automatically entitled to inherit anything, regardless of how long you have been together.
Delays in administrating: The probate process can become much more complex and time-consuming. A court-appointed administrator (usually a family member or close relative) must be appointed in order to manage your estate. This can take longer than if you had a Will in place and it may require the administrator to seek approval from the Court of certain actions, causing more delays and fees.
If the estate is complex, or there is a dispute among family members, the costs for the administrator to manage the estate may rise in turn reducing the overall value of your estate. In this case, probate might involve more steps and require more legal advice.
No Guardianship clauses: If you have minor children and die intestate, there will be no legally designated guardian – if both parents are deceased. The Courts will appoint a guardian which may not be someone you would have initially chosen. This can be a stressful and uncertain process for your children and family.
Loss of Control Over Your Legacy: A Will allows you to leave specific instructions about your possessions, estate, and personal belongings. Without a will, your belongings might be sold off or divided in a way that doesn’t reflect your intentions. For example, family heirlooms, personal treasures, or certain financial assets might not go to the people you would have wanted.
Estate Administration by Strangers: If no family member or close relative is willing or able to manage the estate, a professional administrator may be appointed to handle your affairs. While they are legally bound to act in your best interests, they may not have the personal knowledge or respect for your wishes that a family member or trusted friend might have.
If you would like to discuss creating a Will please do get in touch with us here at Pro-law. We offer a first initial meeting of up to one hour free of charge, here we can discuss your wishes further.
