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Anthony Weber Partner Coles Miller

New Intestacy Rules Make Wills Even More Important1st Oct 2014

by Anthony Weber on 1st Oct 2014

Contact Anthony Weber

New intestacy rules coming into force today will dramatically affect how much – if anything – children can inherit if their parents die without making a will.

From today, children will no longer have the automatic right to a share of an estate worth more than £450,000.

And it also works the other way – parents lose the guaranteed right to inherit too if their wealthy child dies without leaving a will.

Instead, all the estate will pass to the intestate’s spouse or civil partner.

The new intestacy rules are part of the Inheritance and Trustees’ Powers Act 2014 which received the Royal Assent on May 14.

It follows six years of work by the Law Commission. The aim was to reflect how modern families live today.

That includes removing a legal anomaly which deprived some adopted children of their inheritance.

The new rules also reflect the fact that more children are born out of wedlock these days and that there are now more single parent families.

Ultimately, the Law Commission wanted to solve one of the great ironies of intestacy – that many of the people who don’t have a will are in reality those most likely to need one.

It’s understandable that many people put off getting a will. They don’t want to think about death. They’re too busy stressing about the present to worry about the future.

But dying intestate could be your last, your biggest and your most expensive mistake. Think about this:

  • Parents – if you do not have a will, you could be putting the financial future of your children in jeopardy
  • Children – if your parents die without making a will, you could end up with absolutely nothing from the estate.

Our wills solicitors can advise you on all the new rules in more detail. Meet the team here.

Making a will is the smart way to take control and have peace of mind. It does not need to be expensive, complicated or time-consuming.

For sensible, jargon-free advice on making a will to safeguard the future of your family, contact Coles Miller Solicitor Anthony Weber, a Partner at the firm and head of our Wills & Probate Departmentat our Poole and Wimborne office, 01202 355695.

This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.