Challenge Intestacy Rules: Can You Change How an Estate is Divided?
Intestacy rules can cause frustration, especially when they don’t align with expectations. One of the most common questions we get asked is: can you challenge intestacy rules?
Challenging Intestacy Rules: The Short Answer
There isn’t a simple “yes” or “no” answer to whether you can challenge intestacy rules. Generally, these rules dictate your estate’s distribution if you die without a Will. This means the law has a predetermined order for who inherits your assets.
The Long Answer: When Challenges Are Possible
Though challenging intestacy rules is not a simple process, several avenues exist. If someone dies with an invalid will, or no will at all, intestacy rules guide estate distribution. This can leave some family members unhappy, leading them to seek ways to challenge it. Below are some things you should know about challenging intestacy rules.
Who Can Inherit Under Intestacy? Understanding the Default
Generally, only spouses, civil partners, and some close relatives can inherit under intestacy rules. Only the current spouse or civil partner of the deceased at the time of death qualifies. If you are divorced or have ended your civil partnership, you cannot inherit under these rules.
If you are the separated partner of someone without a Will, you can still inherit. However, if you are unmarried, not in a civil partnership, and merely cohabiting, you CANNOT inherit. This highlights a common issue: cohabiting partners have no automatic legal rights to inheritance under intestacy. For more on this, visit our guide on Estate Planning for Cohabitees.
Using a Deed of Variation to Alter Inheritance
Most often known as a Deed of Variation, this legal document allows one of the beneficiaries of an estate to give up their inheritance in favor of someone else. These can be done at any time. They act as a lifetime disposition, either a voluntary gift or a consideration.
If you create the Deed of Variation within two years of the deceased’s death, the law treats it as though it was the wish of the deceased. Taxes such as inheritance tax and capital gains tax may become due on the estate as a result of the variation. This can be a powerful tool to manage intestacy consequences.
Seeking Provision for Family and Dependants: Court Intervention
This provision, part of the Inheritance (Provision for Family and Dependants) Act 1975, allows a court to change estate distribution. This can be extremely useful when settling an estate. Courts can redistribute the estate to benefit the deceased’s spouse, a former spouse, child, child of the family, or a dependant of the deceased. For more about this Act, you can refer to legal resources like Legislation.gov.uk.
When intestacy rules are not in your favor, but you fall into one of these categories, you may have the ability to challenge intestacy rules. However, you will need expert advice on how best to move forward with any challenges you make. Learn more about contesting estates in our guide on Challenging a Will.
Get Expert Help to Challenge Intestacy Rules
If you need help and advice with intestacy rules, contact us today. Ask us any questions you might have. Our helpful team is always ready to assist. One of the best websites for general intestacy information is www.intestacyrules.co.uk.
