A fine mess with no will

A recent case highlights the need to make a will, and to make a new one when your life situation changes such as on marriage or divorce. The rules of intestacy can dictate how an estate is distributed without a will.

As the story goes, a friend of mine recently lost someone close to them (it was actually their ex-husband).

The husband (let’s call him Mr A) had been in and out of other relationships since breaking up with my friend. 

Approximately 7 years ago he was diagnosed with cancer and remarried his then girlfriend, with whom he had had a child.

Unfortunately, the relationship went on to break up and Mr A then met someone new and proceeded to have a second child with her. They never married and that relationship also broke down.

Fast forward to the current day and Mr A’s cancer returned. Whilst undergoing chemo he sadly caught Covid and died. 

He was reasonably young, just 45 years old, and hadn’t made a will. 

Not only that, but on his death he hadn’t yet divorced wife number two.

So, where does that leave everyone?

The answer is, the second wife takes his entire estate on the basis that it is relatively small (less than £270,000). 

His second child potentially receives nothing, unless an application is made to the courts under the 1975 Inheritance (Provision for Family & Dependants) Act for provision for her.

Whilst a sad story, this just goes to show how important making a will is.

Avoiding the intestacy rules

In an earlier article I looked at the problems of no will and where the intestacy rules come into play. Those rules will dictate how an estate is distributed, and can lead to someone who would potentially stand to benefit receiving nothing at all.

Making a will can be an act of kindness as well as a way of potentially saving those who stand to inherit from an unwanted tax bill.

Should you wish to discuss how best to secure your own position or that of your family, please contact a member of our Estate Planning & Probate team.