Last year the UK saw a five year high in probate disputes – according to ‘The Ministry of Justice.’ This demonstrates a growing trend for feuds over inheritances as well as illustrating not only the importance of getting a will in place, but also, ensuring that your will is as detailed and effective as it can be.
When someone dies without a will in place, they are said to have died ‘intestate.’ In such a situation the law and not the deceased’s wishes, dictates who inherits their assets – under the rules of intestacy. When this occurs, the court typically issues a ‘grant of letters of administration’ to manage the deceased’s estate.
A close relative can apply or be made an administrator of the estate. This involves gathering information on all the deceased’s assets and debts – then distributing what is left in accordance with the intestacy rules.
Whilst these rules prioritise spouses, children, parents and siblings, the outcome might not be as the deceased intended. For example, the deceased might have become estranged from a parent or a child due to a variety of reasons. It could even be that the Crown benefits if no living family members can be located!
51,140 estates were subject to disputes in 2024 with The Ministry of Justice reporting a 37% increase in probate disputes in court over the last 10 year period. This has resulted in a 518% increase in probate cases taking longer than one year to resolve.
Who Inherits When There’s No Will?
Under intestacy rules:
- First £322,000 would be inherited by the deceased’s spouse or civil partner
- The spouse and any children (To include legally adopted children) would divide the remaining amount equally
In the absence of a spouse, civil partner or any children, hierarchy of relatives is upheld
- Parents
- Siblings (to include half siblings)
- Grandparents
- Aunts and Uncles (whole and half-blood)
- The Crown, Duchy of Lancaster or Duke of Cornwall
As already explained, without a will and named beneficiaries, tracking down the above parties can be a lengthy process – greatly extending the probate timescales. Unfortunately, it can also mean that the estate isn’t distributed as the deceased would have wished.
Get your Will Today with ‘Dunham McCarthy’
Dunham McCarthy offers:
- Fixed pricing; just £249 for two (mirror wills)
- Complete your Will in the comfort of your own home with online appointments.
- Support from legal, will writing professionals to ensure the effectiveness of your will, providing you with complete peace of mind
Schedule your appointment online using our booking page