Last month in our sister Highlight Column “Where there’s a Will, there’s a Way”, we wrote about the intestacy provisions and how these apply if there is no Will.
One month later, our Probate team are observing the consequences of not making a valid Will.
We have been asked to take on the probate of a man whose wife died 12 months ago. The wife had not made a Will and as there were no children, her entire estate had been left to her husband.
Unfortunately, the husband had also not made a Will. Therefore, the estate had to be left to remoter relatives. The problem with this is that every relative has an equal claim to the estate.
At the time of the second death:-
The wife’s only two siblings were both alive. The husband’s three siblings had pre-deceased leaving six nieces and nephews. Two of the nieces and nephews had been estranged from the family for many years due to an unpleasant family incident.
So what is the position?
In the case of the wife’s family, they are completely irrelevant. Her estate is done and dusted; it all went to her husband.
Regarding the husband’s estate, the house owned and lived in by the husband and wife now passes to the six nieces and nephews in equal amounts, including the two who, undoubtedly, they would not want to inherit.
All very unsatisfactory and so easily avoidable by simply making a Will.
For assistance with probate, contact Jenna Boddington or Barry Jefferd on 01480 426500 or email probate@georgehay.co.uk.
For assistance with writing a Will, contact Carol George on 01480 426500 or email wills@georgehay.co.uk.
For details of the intestacy rules, click here.
George Hay are authorised to carry out the reserved activity of non-contentious probate by the Institute of Chartered Accountants in England & Wales.