When a loved one passes away and they leave a will, it’s almost a final farewell and a thank you to those whom you loved. A will is just that – a record of the deceased’s wishes in respect of the apportionment of their assets. Whether it is distributed to one individual person or is split between several beneficiaries; it’s usually a smooth, albeit upsetting, process. Although it can sometimes become contentious, it’s the easiest way to determine who gets what. But what happens when the deceased did not make a will? If you believe you’re entitled to some of the deceased’s estate, you may need to seek out the help of civil litigation solicitors.
Here at Van Eaton Solicitors in Streatham, we can help you assess your claim and provide the most optimal legal advice. Experienced in handling estate disputes involving inheritance and grant of probate; we can decipher the best course of action to get you the result you need as efficiently as possible. Read our article below to see how you can settle an inheritance dispute when there is no will.
Distribution of the Estate
If a person dies without a will or the will they left wasn’t valid, they are known to have died ‘intestate’. This means that their estate will pass on to the next lawful order of entitlement. Depending on the nature of the deceased’s life, for instance, if they were married or had children, it will pass onto the next of kin accordingly.
Married Without Children
If the deceased was married without children, and they are not survived by either or both of their parents and have no whole blood siblings, the spouse will get the entire estate outright. If the deceased was married, and they were survived by one or both of their parents or whole blood siblings; the spouse will receive all their personal belongings and a sum of £450,000 if it is available. The remainder of the estate will be divided into two equal sums; one to yourself, and one to your spouse’s parents or siblings if the parents are deceased.
Married With Children
If the deceased was married with children, the spouse will receive all their personal belongings and a sum of £250,000 if it’s available. As above, the remainder will be divided into two equal shares. The spouse will receive the income from one-half of the shares for the rest of their life; with capital being kept for their children after their death. The other half will pass to the children. If the deceased was married with no children and no surviving parents or blood siblings, the spouse will receive the money outright. If the deceased was not married but had a partner, they will not be entitled to anything. In this case, it will go to the next of kin, whomever that may be.
No matter who passes away, if they didn’t leave a will, it can be difficult to accept the distribution; especially if you believe the money is going to the wrong hands. If you wish to claim some of the deceased estate under the intestacy rules, we’re here to help. If you wish to seek legal advice, our estate and will disputes solicitors in Streatham can help assess your claim and get you on the right track. Our civil litigation solicitors will help you collect the sufficient documents needed to make a claim. We will also guide you through the entire process.
Can I Claim?
If you believe that suitable financial provisions have not been left for you under the intestacy rules; you may be able to claim under the Inheritance (Provisions for Family and Dependants) Act 1975. You can apply to be the administrator of the deceased’s estate, which is like applying for probate, only you need to fill out a different form. You’ll need to prove that you had a close relationship, and if you’re accepted, you’ll receive the letters of administration.
If you have inherited no money under the intestacy rules, but you still believe you are entitled to financial provisions; you can still make a claim under the Inheritance Act. To do this, you must prove that you were a close relative of the deceased; or you were financially dependent upon them leading up to their death.
Our Civil Litigation Solicitors
Our civil litigation solicitors here at Van Eaton can help you settle any legal disputes; including the right to financial provisions and the distribution of a loved one’s estate. If you would like to book a consultation with one of our trusted experts today, please fill out our online form here. Alternatively, you can give us a call on 0208 769 6739.