Medical staff often have to choose between different treatment options, which can lead to...
Changes to the intestacy rules have come into force from 1 October 2014. The new rules, made under the Inheritance and Trustees Powers Act, change the rights of people whose spouses or civil partners have died without leaving a will.
Under the old rules, for married couples with no children, the surviving spouse would inherit £450,000 of the estate, and then half of the rest of the estate. The remaining half would then be divided amongst the other relatives. Under the new rules the surviving spouse in this situation will inherit the entire estate.
For married couples with children, the old rules provided that the surviving spouse would inherit the first £250,000 of the estate, and receive an interest on half of the remainder. The other half would pass to the couple’s children, which would be held on trust for them until they reached 18. The changes mean that the surviving spouse will still inherit the first £250,000, but they receive their half of the remainder absolutely, not merely an interest.
The changes have been brought in to simplify the rules when someone dies without a will. However, it may be the case that your children or relatives are provided with less provision on death than may have been expected. It should be remembered that the best way to deal with the distribution of your estate, and to ensure that adequate provision is provided for everybody, is to make a Will in advance.