New Intestacy Rules In Force – But Unmarried Couples ‘Remain At Risk’

At the beginning of October, new rules were brought into force relating to the Intestacy Provisions when someone dies without leaving a Will. The changes are designed to simplify the distribution of the estate of someone who has died intestate.

‘The changes are essentially a good idea and are to be welcomed,’ says Laura Ablett, a solicitor at Thatcher + Hallam LLP. ‘It ensures, for example, that when a married couple or civil partners have no children, then the whole estate goes to the surviving partner in the event of them dying without leaving a Will regardless of the value of the estate. Previously, in some circumstances, part of the estate potentially had to be distributed to other family members.’

The new legislation is also designed to simplify the division of the estate where there are children of the marriage or civil partnership and the estate is worth more than £250,000. The rules eradicate the requirement to set up trusts for the surviving spouse enabling the spouse to receive the majority of the estate outright.

‘However, a word of warning should also be made,’ adds Laura. ‘What must be stressed is that these changes relate only to those who are married or in a civil partnership and do not apply to cohabiting couples, even if they have children together. It is also important to make it clear that there is currently no legal definition of cohabitation. Without a Will these couples remain very much at risk. A further consideration of these rules is that the surviving spouse is entitled to receive a greater share of the estate outright than they would have done previously. It must therefore be considered whether there is adequate provision for the children.’

‘The new rules are certainly designed to be helpful, but my advice to every adult is to make a Will,’ says Laura. ‘This is the only way that you can make absolutely certain what happens to your assets when you die.’

Laura Ablett is a solicitor and works with the Wills, Probate + Tax Planning Team at Midsomer Norton law firm Thatcher + Hallam LLP.

For further information about Wills, as well as the many other services we can offer, including Probate, Trusts, Tax and other future planning as well as Lasting Powers of Attorney, contact us on 01761 414646 to speak to one of the team or email us at enquiries@th-law.co.uk .