What Happens When You Die Intestate (without a Will)

Uncategorized May 31, 2017

Imagine your loved one passing away without making a Will.

Where would you start to sort out their assets and possessions?

It could be a potential nightmare with siblings, children and wider relatives all trying to make a claim on his estate.

There could be bank accounts, investments, shares, property, savings accounts, pensions, not to mention life insurance policies etc.

Without a Will, the Law of Intestacy applies, and this clearly shows who is eligible to apply for the Letters of Administration and then who would also be legal beneficiaries based on the deceased's blood line.

If you are the unmarried partner of the deceased, then you certainly won't be the one who would legally be able to sort out his estate. You would also be excluded from inheriting any of his assets.

Of course, it could be the case that the next of kin might not have been the person he wanted to manage his estate and the law of natural succession showing the beneficiaries might not also be the people he wanted to inherit from his estate.

Also, the Law of Intestacy, does not accommodate gifts to close friends, unmarried partners, or step children, let alone gifts to charitable organisations.

Then there's the issue of guardianship. If the deceased was single with children, it could be that the children may be transferred to the estranged natural parent rather than a possible current step parent, or a grand parent.

Which again, may not have been the wished of the deceased.

All in all, there are so many things to consider when someone passes away without a Will and sorting them out can be a costly affair and can also cause a lot of family upset.

It would have been so much easier if they had made a Will.

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