As you are married the first person entitled to your estate under the intestacy rules
is your spouse, but she will not necessarily inherit the whole of your estate, this depends on how much is in your estate and if any other blood relatives survive you.
Although the new law is intended to simplify the intestacy rules
, Archers Law has warned that does not mean that people should put off making a will, especially where subsequent marriage or civil partnership arrangements have been made and there are children from a previous relationship.
If you hadn't made a will then, under the intestacy rules
, the share would pass to the deceased child's children if he or she had any.
The Law Commission had again criticized the former rule as "complex and expensive to administer," noting that "many administrators of estates are lay persons who have little previous knowledge and experience of the intestacy rules
Under the intestacy rules
, which operate when a person has not made a will, step-children are not entitled to inherit a person's estate.
A) When someone dies without a Will they die "intestate" and their estate is dealt with in accordance with the Intestacy Rules
which are set out in statute.
Not having a will in place will mean that those who are left behind will not only have to cope with grief but also intestacy rules
The intestacy rules
of the Act provide first for the "survivor," then, where the estate exceeds $75,000, for children and issue of deceased children.
Under intestacy rules
, his partner Andrew Cowles will inherit nearly pounds 1million and the restwill go to hi s parents, who live in a council house in Dublin.
The problem with dying intestate is that your estate will be divided according to intestacy rules
which may not be in accordance to the wishes or intentions of the deceased.
The intestacy rules
provide for unequal distribution among collateral relatives when at least one collateral is related to the intestate by the whole-blood and at least one is related by the half-blood.
8 TABLE 2 Contrast of the Availability of Wealth Transfer Strategies by Married and Unmarried Couples (4) WEALTH TRANSFER STRATEGY MARRIED UNMARRIED Lifetime Exemption $1 M Unified Tax Credit X X Unlimited Transfer (Marital Deduction) X Annual Exclusion of $11,000 per Recipient X X Gift Splitting X Intestacy Rules
Favoring Partner/Spouse X Community Property X Living Trust X X Tax Free Gift of Income Interest to Spouse via QTIP X Unlimited Charitable Deduction X X Charitable Donations Through a CRAT X X Favourable Social Security and Qualified Plan Distributions After Death of Spouse/Partner X
Other than spouses, the intestacy rules
only include blood relatives or adopted children.
If you die without a will, certain rules called the intestacy rules
dictate who benefits from your estate.
How do the new intestacy rules
affect my wife should anything happen to me?