Welcome to our authoritative guide on partial intestacy, brought to you by DLS Solicitors. Understanding the nuances of estate distribution under UK law can be complex, particularly when the deceased’s will does not encompass their entire estate. This scenario is known as partial intestacy. In this guide, we will explore the concept of partial intestacy, its implications, and essential considerations to ensure your estate is managed according to your wishes.
What is Partial Intestacy?
Partial intestacy occurs when an individual passes away, leaving a valid will that only covers part of their estate. The remaining assets, which are not mentioned in the will, are distributed according to intestacy rules. These rules are a set of legal statutes that determine how an estate should be divided in the absence of a will or when a will is deemed invalid or incomplete.
Causes of Partial Intestacy
- Exclusion of Assets: The will may intentionally or unintentionally exclude certain assets.
- Acquisition of New Assets: The deceased may have acquired new assets after writing the will, which were not included or updated in the document.
- Invalid Provisions: Some provisions in the will might be invalid for various reasons, such as a lack of compliance with legal requirements or the beneficiary predeceasing the testator.
Implications of Partial Intestacy
When a partial intestacy occurs, the distribution of the intestate estate can lead to unintended consequences. These might include:
- Assets being distributed to unintended beneficiaries according to intestacy rules.
- Potential disputes among family members or between named beneficiaries and those entitled under the rules of intestacy.
- Increased administrative burden and potential legal costs to resolve any disputes and distribute the estate.
Preventing Partial Intestacy
To avoid the complications associated with partial intestacy, it is crucial to take proactive steps. These include:
- Ensuring your will is comprehensive and includes all current assets.
- Regularly reviewing and updating your will to reflect any changes in your assets or personal circumstances.
- Seeking professional legal advice to ensure the will is valid and meets all legal requirements.
Conclusion
Partial intestacy can complicate the distribution of an estate and may result in outcomes not intended by the deceased. By understanding the concept of partial intestacy and taking steps to prevent it, you can ensure your estate is distributed according to your wishes. For personalised advice and assistance with estate planning and wills, contact DLS Solicitors. Our team of experts is here to guide you through every step of the process, ensuring peace of mind for you and your loved ones.
For further assistance or to schedule a consultation, please do not hesitate to contact us.
