Patrick's in-depth knowledge of the subject, combined with his quiet, calm professional manner put our minds at rest - before our bodies! Dave Saunders
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Willing to give peace of mind
If there is no Will, then these rules apply on deaths occurring after 1st February 2009.
If a spouse or civil partner survives the deceased and the following conditions are also true:
then assets will pass to the surviving spouse or civil partner absolutely.
If there are surviving issue then assets will be divided as follows:
If there are no surviving issue but there are surviving parents, brothers or sisters (or their issue), then assets will be divided as follows:
Assets will be distributed to relatives in the following order:
A spouse or civil partner may elect to convert a life interest into a capital sum. Election must be made within 12 months of grant of letters of representation. A complex formula for determining the relevant value is laid down.
If the deceased and their spouse or civil partner were joint owners of the matrimonial home, ownership will automatically pass to the surviving joint owner. Neither intestacy rules nor the wishes of any Will come into effect.
If the property was in sole ownership of the deceased or their interest was as ‘tenant-in-common’, then the house (or their interest in the property) will form part of the undisposed estate. The surviving spouse or civil partner has the right to purchase the property and they can inform the personal representatives (the executor or administrator) that they wish to use the capitalized life interest mentioned above to acquire the house. However, if there is a shortfall they must make up the remaining value themselves. This intention must be stated in writing to the representatives within 12 months of the grant.
A Statutory Trust is set up to hold property equally for children who are either alive or en ventre sa mère (ie. a baby still in utero) at the date of the intestate's death. Such children have only a contingent interest, meaning that they are ignored unless certain circumstances arise (they must reach 18 years of age, marry or enter into a civil partnership earlier). If a child dies leaving issue at the date of death, then those grandchildren (or their issue) will take the share of their parent provided that they themselves reach 18 years, marry or enter into a civil partnership earlier.
This is set out in the Administration of Estates Act (see the link below).
Westbury Wills is a member of the
Society of Will Writers