When there is no Will
We can help if you have been disinherited by intestacy laws
When a person dies without a Will in the UK their estate is divided up according to intestacy laws.
These pay no regard to the wishes of surviving family members or any informal evidence of the deceased person’s wishes. Instead money and possessions are divided up according to assumptions that put some relationships before others. This also means the opportunity to minimise inheritance tax liability is lost.
There are many situations where these rules result in the deceased’s estate passing to those they would not have wished to benefit, whilst not making provision for others.
There are special rules in relation to the deceased’s property. All jointly owned property, held as Joint Tenants, rather than Tenants in Common, will automatically pass to the surviving co-owner. For example, if a married couple own a house together and share a bank account, the surviving spouse will automatically own the house and all the money in the account minus charges and debts. The remaining estate will then pass in accordance with intestacy rules which set out who will inherit if there is no valid Will.
If you feel that you should have received a legacy under someone’s estate but have been disinherited by intestacy you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our experienced contentious probate solicitors resolve disputes as quickly and cost-effectively as possible. Court proceedings are only used as a last resort and at all times clients are guided through every step of the legal process.