When somebody passes away without leaving a Will, it is said that they have died Intestate. When this is the case there are statutory rules in place which dictate how an individual’s Estate should be administered and distributed. These are known as the “Statutory Intestacy Rules”.
Rather than let the Statutory Intestacy Rules dictate how your Estate will be dealt with when you die, it is essential that, wherever possible, a Will is put in place to avoid this being left to chance.
In the unfortunate circumstances where a Will has not been made and an individual passes away, the Private Client team here at Butcher & Barlow are able to provide the necessary advice as to the application of the rules and the implications this will have upon the family.
It is sometimes possible to enter into a Deed of Variation in order to vary the Intestacy Rules where there is the consent of all the beneficiaries although this is not possible where any of the beneficiaries are minors or lack capacity.
The Statutory Intestacy Rules often demonstrate why it is essential to have a Will in place as very often the Rules are unable to accommodate an individual’s personal circumstances. This is particularly the case where a person has entered into a second marriage but has children from the first marriage who also need to be taken into consideration.
For more information regarding Administration of Estates, and the potential costs involved, please see our Probate page.
Please contact one of our expert team of Lawyers listed below in order to discuss matters in greater detail.