Intestacy and Inheritance Rules

Intestacy and Inheritance Rules

by Dr Edgar Paltzer

Intestacy and Inheritance Rules INHERITANCE DISPUTES

When an individual dies without leaving a valid will to determine where they wish their assets to go, they are classed as having died intestate.

T

he rules of inheritance for intestacy only allow a select few close family members to inherit, so anyone who wishes to share any portion

2

of their assets outside of their legal partners and biological children would need to ensure they have a valid will in place for that to happen.

Who Can Inherit?

Intestacy laws may vary slightly between jurisdictions, but typically the only people who will inherit when a person dies intestate are the current spouse or civil partner and

biological or officially adopted children. Stepchildren, cohabiting partners, ex-spouses and other potential beneficiaries are generally not considered by the courts.

Grandchildren and Great Grandchildren The rules of intestacy allow for grandchildren and great grandchildren to inherit, but

The rules of intestacy allow for grandchildren and great grandchildren to inherit, but only if there is a reason why their parent or grandparent cannot, such as if they have also died.

only if there is a reason why their parent or grandparent cannot, such as if they have also died. Estates are typically divided between surviving spouses or civil partners and direct children. If a child has passed away but left surviving children, their share of the estate will be divided equally between those grandchildren.

3

You can learn about inheritance disputes by visiting the blog of Dr Edgar Paltzer.