We acted for Mrs C whose aunt, Miss H, died without leaving a will. We carried out a search for a will but as one was not found Miss H's assets passed under the intestacy rules. Miss H was unmarried, had no children and her parents had died before her. She had 2 brothers. The first brother died before her leaving 2 children (Mrs S and our client Mrs C). The other brother was still alive but they hadn't spoken for a number of years. Mrs S and Mrs C each received 25% of their aunt's estate and the remaining 50% went to the estranged brother. If Miss H had made a will she could have prevented her estranged brother from receiving a share of her estate.
Mr T died leaving his wife, and 3 children under 18. The family home was held in the joint names of Mr & Mrs T as joint tenants and the home passed to Mrs T by survivorship. Mr T also held £500,000 in his sole name and he had not made a will as he thought this would also pass to his wife. This is not the case and Mrs T was only entitled to receive his personal possessions and £250,000. £125,000 was held on a life interest trust for Mrs T so she was entitled to receive the income for her lifetime. After her death the trust will pass to her children at the age of 18. The other £125,000 was held on trust for the children until they reach 18.
Mr B died without a will. He was unmarried and had no children. Mr B had been living with his partner for 15 years. Under the intestacy rules his estate passed to his elderly mother who suffered with Alzheimer's and lived in residential care. We applied for a court order to allow us to administer the estate on behalf of his mother however, two years after Mr B's death his estate remains un-administered as his partner made a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This situation could have been avoided had Mr B made a will during his lifetime.