The repercussions of not making a will

It is a sad fact that many people will die during the coronavirus pandemic. Many of them will die without making a will, causing significant hardship to some loved ones. This is because the rules which apply when there is no will, known as the intestacy rules, are frequently unfair and fail to take into account the wishes of the person who dies.

Intestacy rules

Take for instance the case of a man who has been separated from his wife for many years, but never got round to getting a divorce. Since the separation, he met someone else and formed a long-term relationship. Importantly, he never got round to making a will.

This failure to make the will, which he has been promising to do, can cause serious consequences for his partner. Under the intestacy rules, she would have no entitlement. In fact, if there are no children of the person who died, then the entire estate would belong to the estranged wife; something which the person who died would never have intended.

It would be necessary for the surviving partner to try and make a claim for financial provision under the Inheritances (Provision for Family and Dependents) Act 1975. However, such claims can be very costly, costing thousands of pounds with an uncertain outcome, which can cause significant distress for a partner who is already grieving.

Entitlements under the intestacy rules

Under the intestacy rules, where there is a surviving spouse or civil partner, what their entitlement would be would depend on whether the deceased had any children, and if the estate is valued at more than £270,000.
The surviving spouse would receive all the personal possessions of the person who has died, the first £270,000 of the estate and half of the remaining estate where there are children. If the deceased had no issue, i.e. children or grandchildren, the surviving spouse/civil partner would be entitled to the whole of the estate under the intestacy rules. If there is no surviving spouse or civil partner, then the children of the deceased person will inherit the estate.

However, if the deceased had no issue, then there is a certain order of beneficial entitlement which would apply where other relatives of the deceased such as parents, siblings, nieces and nephews may inherit. Where there are no close relatives, you can come across estates where cousins, who are not close, have inherited the estate of the deceased.

Who cannot inherit under the intestacy rules?

The following people have no right to inherit when someone dies without leaving a will:

1. Unmarried partners (sometimes incorrectly called “common law” partners)
2. Relations by marriage
3. Close friends
4. Carers

The message has got to be, therefore, that it is essential that you make a will if you wish to ensure that those you love and care for are adequately provided for.

Some people may feel that due to coronavirus, it is not currently possible to make a will. However, solicitors can still prepare wills for their clients, taking instructions often by telephone or through Zoom or Skype meetings. Wills can be sent to the clients in the post or by email, and despite the social distancing rules, wills are still being witnessed often now by neighbours, keeping their distance.

If you have not already made your will, or need to update it, you should consult a specialist solicitor without delay.

To speak with a specialist solicitor, call Winston Solicitors on 0113 320 5000 or email mkv@winstonsolicitors.co.uk