When a relative passes away, most people think about wills, family heirlooms, or even the possibility of inheriting debt (which in most cases you can’t). What many people don’t realise is that inheritance is governed by legal rules and regulations. In some cases, these laws can lead to unexpected outcomes that may surprise or shock family members.
As Halloween approaches, we thought we’d share five terrifying inheritance facts that could affect anyone. Whether it’s a lack of estate planning or rules you may not be aware of. These inheritance surprises can have frightening consequences for those left behind.
1. You can’t claim an inheritance with crime
You may have read crime novels or seen films in which a wealthy relative is murdered, leading to a classic “whodunnit” story that unravels family disputes over who is to inherit the estate.
However, if you unlawfully kill someone, you generally cannot inherit from their estate. This is known as the forfeiture rule. The killer is often treated as though they died before the victim, meaning they cannot benefit from their crime. As a result, the estate passes either to the next of kin under the intestacy rules or to the beneficiaries named in the will. Crime does not pay as it can exclude a person from inheriting the estate altogether.
2. Unmarried partners may receive nothing
According to Bennett Smith Solicitors, 56% of adults in the UK currently do not have a will. This leaves many unmarried couples in a vulnerable position if one partner dies. You may have lived together for more than 30 years, raised children or owned pets. If you are not married or in a civil partnership and your partner dies without a valid will. Unfortunately, you have no automatic right to inherit under the intestacy rules.
3. An estranged spouse may still inherit
Separation does not end your marriage by law. If you’re separated but not legally divorced, your spouse retains full inheritance rights to intestacy or existing wills. To avoid this, you must make sure final divorce order is granted to terminate our spouse automatic inheritance claim.
4. Who inherits if you pass away without a will
When someone passes away without leaving a valid will, this is known as dying intestate. In some cases, the government is unable to locate any known relatives. The estate is then published on a list called Bona Vacantia, which contains details of unclaimed estates so that eligible relatives can make a claim. However, relatives only have up to 30 years to make a claim before the estate passes to the Crown.
5. A small mistake can invalidate a will
For a will to be legally valid in England and Wales, it must meet the requirements of the Wills Act 1837. If an error is made, it can mean that a will can be declared invalid:
- A will is not properly signed either by the person making the will or not signed in the presence of two witnesses.
- The required witnesses are missing.
- A will can be challenged if the person wasn’t mentally capable of making the will.
- There is evidence that shows the person was pressured into making the will.
- A will can be outdated.
- Marriage can revoke an existing will.
Final thoughts
At a time of bereavement, dealing with an estate can be overwhelming. Unfortunately, inheritance is not determined by family expectations or personal relationships. It is governed by legal rules, whether through a valid will or the next of kin who are legally entitled to the estate. If you have lost a loved one and require next of kin tracing services, we are here to help. For more blogs like this, click here.
