Rules of Intestacy ‘not aligned’ with modern family dynamics

The rules of intestacy loom over any intestate matter and are even applicable where a valid will is in place but does not deal with all of the deceased’s estate.

The rules will celebrate their 100th birthday next year and are thus not that aligned with the more modern family dynamics that we see today, such as cohabitation and “blended families”. In addition, whilst fully adopted children are recognised, foster children and stepchildren are not.

Perhaps most infamously, couples living together who are not married or in a civil partnership – often referred to as “Common law spouses” – are not recognised by the rules. It’s worth noting here that the cohabiting couple is the fastest-growing living arrangement in England and Wales.

It is perhaps then important to remember that these rules were created in a very different time and our blog discusses some of the historical context behind them – the article can be found here.

Anglia Research is an award-winning probate genealogy and people tracing firm offering a range of services that assist Private Client practitioners with estate administration and Court of Protection matters, such as:

 Finding missing beneficiaries named in a will

  • Locating legally entitled relatives in intestacy cases
  • Family tree verification and full Statutory Will research
  • Providing fixed-cost international bankruptcy searches
  • Undertaking financial asset and liability checks in the UK
  • Accessing missing beneficiary indemnity insurance quotes

Feel free to contact our dedicated Private Client team who deal solely with instructions received from legal professionals on or call on 0800 033 4034.

This article was published by Anglia Research as part of their advertising agreement with Today’s Wills and Probate.

The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.

Read more stories

Join over 6,000 wills and probate practitioners – Check back daily for all the latest news, views, insights and best practice and sign up to our e-newsletter to receive our weekly round up every Friday morning. 

You’ll receive the latest updates, analysis, and best practice straight to your inbox.