What really happens when someone dies without a Will
When someone dies without a Will in place, the confusion and uncertainty that follows is stressful and time consuming for all involved.
It remains a widely misunderstood legal process, and private client lawyer Laura Case says families often wrongly assume they know what will happen. Uninformed pre-conceptions can lead to further emotional distress for people at an already difficult time.
Liam Payne’s recent case highlights the issue, as it has been reported that he died without a Will in place, and that his £32.3 million worth of assets and property will automatically be inherited by his eight-year-old son.
As the child is a minor, the estate will be administered by former partner Cheryl Cole alongside a lawyer. It has taken seven months since Payne’s tragic death to settle the estate. It is possible that Liam would have wished his family or friends be involved in this process instead.
Laura, said: “Intestacy – the legal process that takes place when someone dies without a Will is a tricky area. Many people believe that the closest relatives will inherit without issue. Unfortunately, those misconceptions can lead to unhappy consequences for those left behind.”
Common myths
Here Laura aims to dispel the most persistent myths about intestacy and explain what really happens when someone passes away without a clear estate plan.
1. If I don’t have a Will, my spouse/civil partner will inherit my estate.
If you pass away without a Will, and you have children, your spouse will inherit the first £322,000 (the statutory legacy), all your personal possessions and half of the residue. Your children will inherit the other half of the residue.
Your spouse would only inherit the entirety of your estate if you did not have children. If you hold your property as tenants in common, your surviving spouse and joint owner may not automatically inherit your share in the property.
2. My unmarried partner will receive my estate if I die.
There is no such thing as a common law marriage in England and Wales, and an unmarried partner has no entitlement under the law of intestacy. This can lead to a claim for financial provision from that person.
3. Making a Will is only for people with lots of assets or older people – I don’t need a Will
Anyone with assets, children or specific wishes about who should inherit their estate should make a Will. It is also a lot easier for the family left behind to administer the estate when a Will is in place.
4. My children’s godparents will look after my children
The title of “godparent” is not legally binding and will not take effect unless stated in your Will. If your children are under 18 when you pass away, and there is no surviving parent with parental responsibility, the court will ultimately decide who is to care for your children.
5. I’ve made a Will, no need to do anything else
If you had a Will in place and have since got married, your Will has been revoked (unless made in contemplation of marriage) and will need to be updated.
Any change in circumstances should encourage an update of your Will and it is always good practice to regularly review the details to ensure they are up-to-date and still reflect your wishes.
Laura continued: “Having a Will in place is vital to ensure your money and assets go to exactly who you want it to. It takes all the stress away from your loved ones later down the line and means conflict is less likely. It is also vitally important to ensure you wishes are complied with such as funeral wishes and appointment of guardians of children.”
“Writing a Will and seeking good professional advice is a simple and affordable step to ensuring there are no problems after you die and your wishes are adhered to and your loved ones provided for.”
“A good Will should deal with any number of ‘what if’ scenarios.”
Speak to our team
For more information on Wills, trusts, probate and estate administration, please speak to a member of our private client team.
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