They didn’t leave a Will! Intestacy explained

So, your loved one has passed away, and no one has been able to find a Will. What happens now?

Where there is no valid Will, the rules of intestacy apply. This makes the process of applying to administer the estate and distribute the assets more difficult than when a Will is in place.

What is intestacy?

The rules of intestacy in England and Wales govern how a person’s estate is distributed if they die without a valid Will.

If a person is said to have died “intestate,” this means that they have relinquished their control over their estate, and the law is the sole determiner for the distribution of their assets.

These rules only recognise spouses, civil partners and certain close family members.

Under these arrangements, the only people to automatically inherit are married or civil partners.

If they also have children and the estate is worth more than £322,000, then the first £322,000 and their personal possessions will go to their spouse or civil partner and the rest will be divided in half between the surviving spouse and children.

Unmarried couples are not entitled to inherit anything automatically, no matter how long they have been together or whether they share a home, assets or children.   Although note that property or bank accounts held as beneficial joint tenants will pass to the surviving co-owner outside the intestacy provisions.

The lack of entitlement for unmarried partners can lead to distressing and financially difficult outcomes, with surviving partners often needing to make legal claims just to access jointly lived-in property or their partner’s finances that were perhaps used to support both of them.

How to administer the estate when there’s no Will

You will first need to value the deceased’s estate, taking into account any debts that need to be paid and any gifts made within seven years of the person’s death.

You will also need to calculate the amount of Inheritance Tax (IHT) liable on the estate and ensure that the correct forms and payment are sent to HM Revenue & Customs (HMRC) on time.

The next step is where the process differs from applying for probate in the case of a valid Will.

When there is no Will, you will need to apply for a Grant of Administration instead of a Grant of Probate.

This must be done by the most “entitled” person – i.e., the deceased’s next of kin. This will be the spouse or civil partner of the deceased, followed by any children who are over the age of 18.

Sometimes, there may be disputes over who should apply for Grant of Administration – for example, between surviving children if there is no surviving spouse or civil partner.  More than one child can apply.  It is also worth noting that for most intestacies a lengthy paper application is required as the online process is not available when there is more than one entitled person.

Once a Grant of Administration has been provided, you will need to liquidate the estate.

This is the official term for turning assets such as property and possessions into cash, which can then be distributed to beneficiaries.

In the absence of a Will, the liquidated cash goes automatically to their next of kin – usually a surviving spouse or civil partner, and potentially any children.

If the deceased has left no surviving spouse or children, the estate will pass to the next person most closely related to the deceased.

Managing intestacy with Palmers Solicitors

In an ideal world, everyone would leave behind a valid Will. However, life doesn’t always go to plan, and many people die intestate.

Our team are here to guide you through the complex process of intestacy.

Our experienced Wills, Trusts and Probate solicitors can take care of the whole process on your behalf, from applying for a Grant of Administration to making sure the estate is correctly distributed according to the legislation.

We offer fixed fees for cases where we are simply asked to assist with the application for the Grant.

If you require more extensive assistance, we’ll discuss the costs with you at a no-obligation meeting and can include fixed fees or an estimate range in our fee structures where appropriate.

If someone has died without a Will, it is important to seek legal advice as soon as possible. Contact our Wills, Trusts and Probate team today for compassionate guidance and support.

The period following a divorce or dissolution of a civil partnership can be fraught with uncertainties, particularly concerning your financial obligations, such as spousal maintenance.

The legal considerations surrounding spousal maintenance are complex, meaning that many divorcing couples are unclear about their obligations or entitlements post-separation.

What is spousal maintenance?

Spousal maintenance is financial support provided by one ex-partner to another after a divorce or dissolution of a civil partnership, aimed at helping the lower-earning or non-earning party adjust to new financial circumstances.

It varies from temporary support during legal proceedings to long-term post-divorce maintenance.

Eligibility depends on factors such as marriage length, financial needs, and earning capacities, with courts aiming for a fair resolution.

Key considerations for determining maintenance include:

• The standard of living during the marriage or partnership.
• Each party’s income, earning capacity, and financial resources.
• The financial needs and responsibilities of both parties.

The Court often aims for a “clean break” to encourage financial independence but may grant maintenance for a fixed period or indefinitely, based on age, presence of minor children, and time spent out of work for child-rearing.

Modifying spousal maintenance

Spousal maintenance is not set in stone and can be modified or terminated under certain conditions.

Significant changes in circumstances, such as a substantial increase or decrease in either party’s income, may warrant a review.

Parties seeking to alter maintenance terms must apply to the Court for a variation order.

What happens if one party fails to pay spousal maintenance?

If one party fails to pay spousal maintenance, the Court can enforce payment through measures like garnishing wages, seizing assets, or issuing an attachment of earnings order.

They may also place a charge against the debtor’s property.

Those facing genuine financial difficulties should seek to vary the maintenance order by demonstrating a change in circumstances, possibly leading to reduced payments or a temporary pause.

Consulting a family law solicitor is crucial for anyone struggling with maintenance payments as failure to comply can result in financial penalties and, in severe cases, imprisonment.

Spousal maintenance versus lump sum settlements

Choosing between spousal maintenance and a lump sum settlement often involves a detailed analysis of both parties’ current and future financial situations.

A lump sum settlement may be particularly attractive to those seeking closure and a desire to avoid future disputes related to payment amounts or durations.

However, it requires careful consideration of the recipient’s ability to manage and invest the lump sum wisely to provide for their future needs.

This is especially relevant where long-term financial security is a concern, and the recipient may not have the earning capacity to replenish spent funds.

Moreover, determining the appropriate amount for a lump sum settlement involves complex calculations that consider the present value of future maintenance payments, the life expectancy of both parties and potential changes in circumstances.

Remarriage and cohabitation

Remarriage of the recipient ends spousal maintenance, as the financial support role shifts to the new spouse, cancelling the former partner’s payment duties.

Cohabitation, however, does not automatically stop maintenance payments but may trigger a review to adjust terms based on the financial benefits of the new living situation.

Courts examine the cohabitation’s impact on the recipient’s finances, potentially modifying maintenance to align with the recipient’s current needs and the financial support provided by the cohabiting partner.

What is the best way to handle spousal maintenance?

Engaging a solicitor to help you manage your spousal maintenance obligations is usually the best approach.

Our expert family lawyers can offer invaluable guidance on understanding your legal rights and obligations, ensuring that any agreement or court order is fair and reflective of your circumstances.

We can also assist in negotiating maintenance payments, applying for variations in the maintenance order in light of changed circumstances, and representing your interests in court, if necessary.

Together, we’ll help you to achieve a resolution that safeguards your financial stability.

Don’t let spousal maintenance make you uneasy. Contact our family law team today for expert advice and guidance.

Did you know that nearly five billion people share their lives online?

From treasured photos and messages on social media to important documents and financial records, your digital presence forms a vital part of your life story.

Despite this, digital assets are still often overlooked in estate planning.

Without a digital estate plan, your loved ones may not be able to access or manage your online accounts and important digital assets.

That’s why we’ve launched our new Guide to Securing Your Online Life to help you find out more about our digital estate planning services.

Here’s what you need to know about digital estate planning and how you can implement it into your larger estate plan.

What is digital estate planning?

Digital estate planning, or digital asset management, sets out the digital assets you own and how you would like them to be distributed upon your death.

Unlike liquid assets, the monetary value of digital assets is not always immediately apparent.

Not all digital assets hold monetary value, but they may hold sentimental value.

The challenges of digital estate planning

Digital assets and the issues surrounding them are evolving faster than legislation. This means that there are several challenges involved with digital estate planning.

Digital assets are not currently defined in English law. Theoretically, they should be treated like any other form of property. However, there are key notable differences.

Unlike traditional assets, there is often no physical documentation that proves the deceased’s ownership of digital assets, therefore, it becomes necessary to access the deceased’s online accounts.

While physical assets such as properties or bank accounts are usually easily accessible to Executors, this is not always the case with digital assets.

Furthermore, under the Computer Misuse Act 1990, it is a criminal offence for anyone to gain unauthorised access to any computer device, including using another person’s password without their permission.

This can make accessing and distributing digital assets very difficult for Executors.

Although the Digital Devices (Access for Next of Kin) Bill was proposed in 2022 to grant a right of access to the digital devices of a deceased person to their next of kin, it only reached a second reading before the 2021-2022 session of Parliament was prorogued. At present, the Bill will make no further progress.

This is why it is important to consider how you wish to distribute your digital assets and how you will enable your intended beneficiaries to access them legally.

What you can do to prepare

Your first step should be to prepare an inventory of your digital assets, including relevant terms and conditions (such as deleting or preserving social media accounts) and any passwords needed to access these assets.

These should be stored an online encrypted and secure digital vault that can only be accessed by an appointed Executor upon presentation of your death certificate.

As a client of Palmers Solicitors, you have access to Zenplans, a digital estate vault that helps you securely organise all aspects of your digital life.

You can also utilise pre-planning tools, such as setting up Legacy Contacts, to help you manage your accounts after your death.

You must also make it clear in your Will that your Executor(s) are authorised to access your digital assets after your death. This will help to prevent them from falling foul of the Computer Misuse Act.

Secure your digital legacy with Palmers Solicitors

Digital estate planning is an essential part of your preparations for how your legacy will be managed after your death.

At Palmers Solicitors, we can help you keep up to date with the latest regulatory developments in digital estate planning and ensure that your overall estate plan includes your digital assets.

Our new resource, Your Digital Legacy: A Guide to Securing Your Online Life, explains how you can use Zenplans and pre-planning tools to ensure your digital legacy is left in safe hands.

Take control of your digital legacy today, get peace of mind and clarity tomorrow.

Secure your digital legacy today with Palmers. Download our guide to securing your online life.