Intestacy Legal Advice

In the legal world, there are not only issues involved with marriage, but also death. If someone dies before a will is finalized, then it is called intestacy, or dying instestate. Often, there are no relatives left behind and the government receives the assets. There are also times when there are relatives but no will. In this case, there are several ways that the possessions are distributed:

• If there is a spouse and children, the spouse receives all personal belongings. The spouse also receives $125,000 free of inheritance tax. The children receive the remainder of the estate.
• If there is no living spouse, but there are children, then the estate is divided in equal shares to each child.
• In certain occasions there is a living spouse and no children. However, the deceased parents are still living. In this case, the spouse receives all personal belongings, $200,000 free of inheritance tax, and one half of the remaining estate. The deceased parents will then receive the second half of the remaining estate.
• When there is no children or parents, but there is a spouse and brothers or sisters, the estate is divided the same way it would be if there were living parents.
• If there is no surviving spouse or children then the estate is given by priority.
1.Grandchildren
2. Parents
3. Brothers and Sisters (or their children if the siblings have died)
4. Grandparents
5. Uncles and Aunts

Today, there are no rules regarding a couple who live together without any legal bounding ties. Those who are united by a civil partnership, such as those who have been together longer than 7 years, or same-sex partnerships, the law for intestacy does apply. As far as children are concerned, all children are included except for step-children. Illegitimate children are included as well.

If you are the spouse of the deceased or are any relation to the deceased, and no will is present, then you need to seek legal advice immediately. It is possible that if you do not take precautionary steps, the total estate could be given into the hands of the government. This includes any personal possessions that you would find sentimental.

Even if there is no will present, there still needs to be someone appointed to handle the estate decisions. The person in charge of this is called the executor. This person must have a grant issued by the government stating that they are able to do this task. If there is no will, then a ‘Letter of Administration’ is issued. Those who wish to be the executor when there is no will present will have to submit an application The people eligible for this position can apply in the same order that the estate would be divided out. The person applying must be 19 years of age or older. Many people hire a lawyer to be the executor so that they can represent them. The lawyer will have to submit an application as well. If you decide not to have a lawyer, you will be responsible for any inheritance tax. The tax and the fee for the will has to be paid for before the grant will be given to any executor.