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Two Together: Save £100!
Save £100 when you purchase two funeral plans together. Call us for more details.
Losing someone you love is a difficult and emotionally sensitive time. Finding out that there are certain legal and financial ramifications you then have to contend with can complicate matters further.
Dying intestate means that the person has not left a will, and so their next of kin will not have a written account of their wishes. While there are certain laws and procedures that can then be followed, they may significantly add to the worries and upsets of loved ones at an already difficult time.
Here at Aura, we care about helping in any way we can. Our expertise lies in helping those who are planning ahead with their own prepaid funeral plan and providing guidance for those looking to arrange a direct cremation for a loved one who has died.
We are always right here when you need us, and in the meantime, we will leave you with some words we hope will help you understand what dying intestate means for anyone left behind.
Key takeaways:
Many of us think that knowing what to do when someone dies is largely about planning the funeral and processing the loss. The problem is that if you die intestate — dying without a valid written will — it can sometimes significantly complicate matters for those left behind.
Dying in this way can complicate the estate distribution, especially if there is no surviving married partner or children and the legal processes associated with the redistribution. A process that may have taken a matter of weeks with a will can take 12 months or more without one if disputes arise between relatives.
Dying without a will means there’s no valid written record of how you want your estate to be handled after your death. This is known as dying intestate. In these cases, the law decides who inherits your money, property, and possessions, which may not reflect your personal wishes. It can also lead to delays, added stress for your family, and even disputes between relatives.
When there is no valid will, the estate will be distributed according to the rules of intestacy. This is a formal legal hierarchy whereby your estate first passes to your spouse, children, parents, siblings, distant relatives such as aunts and uncles, and eventually to the Crown if no eligible relative can be found and contacted.
If a will is in place, however, the estate can be divided up exactly as you have stated in your will, in a way that is much quicker and far less stressful for your loved ones.
If there is a will, an executor will be named, and they will manage and distribute the estate. But if there is no will, an administrator will have to be appointed by the court. Once appointed, the first thing they will need to do is apply for letters of administration. This will give them legal power to take responsibility for the property, financial assets, and anything else that comprises the estate.
The administrator accepts responsibility for valuing the estate, paying any inheritance tax that has become due, and applying for a grant of probate. They will also have to settle any debts the estate accrued before the person died and collect all of the estate’s external assets. Once this is done, they will then distribute the sum total of the estate by following the intestacy rules.
Joint assets are one of the examples of how things can quickly become complicated when there is no will. If the estate is not solely the property of the person who has died, it may not be the case that some or all of it is able to pass under intestacy rules. Seeking professional legal advice when you feel able to do so may help you understand your options in this instance.
The importance of writing a will is often overlooked, with many of us feeling it’s something that can wait for another day. However, having a will in place can significantly simplify the inheritance process, reduce pressure for your loved ones, and ensure your wishes are clearly followed.
A partner will inherit the first £322,000 of the estate and then 50% of any remaining assets that exist on top of this initial amount. They will also automatically gain ownership of all of the personal possessions left behind by the person who has died. If there are any children, the last 50% of the estate will be divided equally between them, but if there are no children, the estate passes to the spouse in its entirety.
If there is no spouse or civil partner, the estate will pass to any surviving children, followed by parents and siblings. The idea is for the children, who may still be financially dependent on the person who has died, to be looked after financially as best as practically possible.
When no eligible relatives are found, the estate passes to the Crown, and no one person can be said to inherit the estate. Sadly, there are cases where eligible relatives are still alive but cannot be contacted because they are living overseas or at an unknown location in the UK.
Things such as determining next of kin and funeral costs can quickly become complicated in intestacy. Writing a valid will can make sure these types of issues never arise in the first place.
Knowing how the next of kin is determined under intestacy laws may provide clarity about how the process will unfold. Intestacy laws are designed to recognise marriage and blood relations and follow a hierarchy of spouse, children, parents, and siblings. If none of these survive, grandparents, aunts, and uncles will then be considered. If no one is found, the estate passes to the Crown as there is no valid next of kin.
The next of kin does not automatically assume control over estate administration. With no written will, they will first have to apply to become an estate administrator so that they can be granted Letters of Administration. The hierarchy of people who can apply first is governed by the same intestacy rules that govern how the estate will eventually be distributed.
Cases where multiple relatives have equal claims can be particularly challenging, especially when you factor in the intense emotions and upset that naturally come with a period of mourning.
While every family is unique and every life is different, a common example of a case where there are equal claims is when there is no surviving partner but there are several children. If one child feels they are entitled to more — perhaps they have shouldered the majority of the caring responsibilities, for example — this can cause friction and upset with the surviving family, or funeral arrangements disagreements.
Relationships that become fractured can be hard to mend when everyone is grieving, and small disagreements can be amplified very easily. Things may be further complicated if one party feels that the other is focusing on money and property when they believe that the right and proper thing to do is to leave these types of discussions until later and focus on coping with the death of a parent, for example.
Although these types of discussions can be hard, even upsetting, to have, finding a way to make progress as siblings, in this case, or as other relatives if you are facing something different, is the most important thing. Sometimes, relatives find that the best approach is to take a step back from the legal side of things and think about what the person who has died would want for each of them.
Intestacy can cause delays of 12 months or more and also, in some cases, result in stressful family disputes over inheritance. Unmarried partners and stepchildren can be particularly hard hit by these types of issues as they will not be prioritised under the intestacy rules. If you are part of a blended family, this is something that may become particularly important.
Issues like the complexities of probate can be readily avoided by writing a legally valid will. Speaking to a solicitor can help illuminate this process and help you cover the many eventualities that may not come to mind if you do not have legal training. A solicitor can also make sure that you regularly update your will as your wishes may change over the coming years.
We hope that our words have made the process a little less daunting and a little more clear. If there’s any way we can help lighten the load by assisting with your funeral plans, please know that we’re always right here.
Dealing with issues around money and property can be stressful and time-consuming at the best of times—especially when you’re also trying to come to terms with the loss of someone close. Questions like “how much does a funeral cost?” can add to the emotional and financial strain, which is why speaking to a legal professional may help you understand your options and feel supported, rather than trying to carry it all on your own.
If you have any questions, would like a brochure or simply would like a chat through our services, our award-winning team is here to help.
Unlike other providers, we won’t hassle you with constant calls. We’ll simply ensure you have the information you need and leave you to come to a decision in your own time. When you’re ready for us, our team will be ready to help.
A will is a written record of your wishes and tells your family and loved ones what you want to happen to your estate when you die. Without a will, they will have to follow the intestacy rules. In this case, spouses and children will be prioritised over other relatives such as parents, siblings, and grandparents.
If there is a surviving spouse or child, they will inherit the estate left by the person who has died. If none of these relatives are alive, the estate passes to the parents and then the siblings. In the case where distant relatives cannot be found and there is no will, the estate is passed to the Crown.
Unfortunately, an unmarried partner will not be granted the same automatic inheritance rights as a married partner. That said, they may be able to put forward a claim under the Inheritance Act 1975 if they can show that the lack of a will and the application of intestacy rules means that they will not be properly financially supported after the loss of their partner.
This complex process typically takes anywhere from 6-12 months and will vary significantly depending on the size and complexity of the estate. If disputes need to be resolved or property needs to be sold to clear debts, the process may take even longer.