Did you know that you are not automatically an heir to a relative’s estate just because you are related? Even though this is the norm, several variables can affect your eligibility to receive any inheritance from an estate. One is not always a blood relative. This blog examines circumstances in which a blood relative might not be an heir.
Partners and Spouses
The probate process in the UK usually means that direct family members are the beneficiaries of an estate. Although long-term partners do not always have the same privileges, a spouse is typically at the top of the list of those with special rights. Unless otherwise specified, a divorce will take away your spouse’s right to inherit your estate if you are married and no laws are preventing them from doing so. For this reason, divorce is necessary for separated spouses. Otherwise, any new partner will lose out because your ex-partner might be an heir.
Offspring
When it comes to the distribution of an estate, children come after spouses. This covers illegitimate children as well as adoptive and biological children. Unless the will specifies otherwise, each child will get an equal share of the inheritance. Conflicts between the illegitimate child and the other children may arise if the deceased is the child’s father but is not named on the birth certificate. A DNA test can resolve these issues and establish blood ties.
Other Family
The family tree may indicate that other relatives are heirs. The deceased’s parents will be the next heirs if they have no spouse or children, though parents frequently die before this. In this scenario, their siblings would inherit first, then their half-siblings, and finally their grandparents, who are probably not still living. As long as they are blood relations or half aunts or uncles, aunts, uncles, and their offspring will follow. Sometimes, no relatives can be located, which could mean that the estate is inherited by the crown.
Wills
The simplest method to plan how your assets will be divided after your death is to write a will and make sure it is updated following major life events. Your inheritance will be divided among the heirs listed above if there isn’t a valid will in place, which might not be in accordance with your preferences. Those who have long-term relationships but have not married should also have wills because, in the absence of one, they might receive nothing from your estate.
The executor of the estate must apply for a grant of probate to administer and distribute the estate.
Contact Probate Forms for probate advice on 0209 9859553.
