The intestacy rules in England and Wales are designed to distribute the estate of someone who dies without a Will (known as being intestate) in a fair and predetermined manner. However, these seemingly fixed rules can lead to unintended and unfair consequences, causing emotional distress and financial hardship for loved ones. The problem is, that the Intestacy Rules are inflexible and out-of-date. This century-old law does not recognise modern family structures such as co-habiting partners nor stepchildren.
Here are three real-life stories that illustrate the human cost of intestacy and how unjust this law can sometimes be.
Case Study 1: The Unmarried Couple
Sarah and Mark lived together for 20 years, raising their two young children. They never married, believing their common-law relationship was sufficient. Sadly, Mark passed away unexpectedly without a Will. Intestacy rules dictated that Sarah, his partner of two decades, would not inherit anything. The entire estate went to Sarah and Mark's children and also Mark's adult child from a previous relationship, Sarah was left with nothing. The impact of this left Sarah and their children with no financial security and the emotional burden of an unplanned future. Sarah was left with no choice but to make a claim against Mark's estate and effectively against her own children's inheritance for reasonable provision.
Case Study 2: The Estranged Family
John and Mary were married for many years and didn't have any children. At age 81 Mary sadly died and John, seemingly unable to carry on without his wife, died a week later. Because John did not meet the statutory survivorship period, he did not inherit Mary's estate. Each estate would need to be administered separately with Mary's estate passing to her blood relatives, and John's estate passing to his blood relatives. As they had no children, the estates would pass to their siblings. John comes from a large family being 1 of 11 siblings. He was survived by 5 of his siblings, with the other 5 dying before him, some of these were survived by their own children. The family were not close and it meant that an "heir hunting" service was needed to track down his surviving siblings and also his nieces and nephews from his deceased sibling's as they would be entitled to inherit what would have been due to their parent, some of whom John had never even met. The number of family members entitled to inherit was vast and so tracking them all down took some time and cost well over £25,000 in fees. Mary's estate was a little more straightforward, she only had one sister who was still alive.
Case Study 3: The Step Daughter
Emily, a successful entrepreneur, had a close relationship with, Chloe. Chloe was the daughter of Emily's former partner, who had since died. Emily treated Chloe as a daughter. Emily planned to leave her business to Chloe. Chloe had been working alongside Emily for several years, learning the ropes and preparing to take over when the time came. Unfortunately, Emily died in a car accident without a Will. The intestacy rules dictated that the business passed to Emily's estranged brother, who had no interest in running the company. Chloe, who had dedicated years to learning the business and considered it her future, was left empty-handed.
These are just a few examples of how the inflexibility of intestacy rules can have devastating consequences for families. While they may seem impartial on the surface, they often fail to consider the unique dynamics and intentions of individual families, leading to unfair outcomes and emotional turmoil.
Taking control through a Will
Writing a Will is a simple yet powerful way to ensure your wishes are respected and your loved ones are protected after you're gone. It allows you to:
Distribute your assets according to your wishes, not the law.
Appoint guardians for your minor children.
Minimise the risk of family conflict.
Reduce the administrative burden and cost of settling your estate.
Don't leave your legacy to chance. Contact us today to discuss your Will and ensure your loved ones are taken care of in the way you intend.
Comments