Understanding Inheritance Law in the UK
Understanding inheritance law can be complex, but it doesn’t have to be. Whether you’re planning your estate or dealing with a loved one’s, Freeman Jones Solicitors in Chester are here to help you navigate the process with clarity and confidence.
What Is Inheritance Law?
Inheritance law determines how a person’s estate—such as their money, property, and possessions—is distributed after their death. This distribution depends on whether the deceased left a valid will.
- With a Will: The deceased (known as the testator) specifies who receives what.
- Without a Will: The estate is divided according to the rules of intestacy, which prioritise spouses, children, and other close relatives.
It’s important to note that unmarried partners and stepchildren do not automatically inherit under intestacy law unless named in a valid will.
Who Can Inherit?
The rules of intestacy determine who inherits when there’s no valid will:
- Surviving Spouse or Civil Partner: Receives a portion of the estate.
- Children: Share the remaining estate equally.
- Other Relatives: If there are no children, the estate may go to parents, siblings, or more distant relatives.
If you’re uncertain about your inheritance rights, it’s wise to seek legal advice to understand your position and options.
Inheriting Property
Options if you inherit a house with siblings:
| Option | What It Means | Considerations |
|---|---|---|
| Live in Property | You keep living there alone | May need to buy out siblings’ shares |
| Sell Property | All agree to sell and split proceeds | Must agree on sale timing and price |
| Buy Out Siblings | You buy their share to own property outright | Requires funds or mortgage to buy their shares |
Children’s Inheritance Rights
Children, including adopted and biological, are typically entitled to inherit from their parents. However, parents are not legally obligated to leave an inheritance to their children. If a child is left out of a will, they may have grounds to challenge the will under the Inheritance (Provision for Family and Dependants) Act 1975.
Making a Will
Making a will ensures your wishes are respected and can help prevent disputes among loved ones. It’s advisable to:
- Consult a Solicitor: To ensure your will is legally valid.
- Review Regularly: Update your will to reflect changes in circumstances.
Our will writing solicitors can assist you in making a will that accurately reflects your wishes.
Inheritance Disputes
Disputes can arise over wills, property, or the distribution of assets. Common issues include:
- Contested Wills: Disagreements over the validity of a will.
- Executor Disputes: Conflicts regarding the administration of the estate.
- Beneficiary Disputes: Disagreements among beneficiaries about the distribution of assets.
Our inheritance dispute solicitors provide comprehensive probate administration services to help resolve a variety of inheritance disputes.
Need Help with Your Inheritance or Estate Planning?
Inheritance matters can be emotional and complex. Whether you’re writing a will, dealing with an inheritance dispute, or navigating intestacy rules, Freeman Jones Solicitors are here to guide you every step of the way.
Contact Us for a Free 20-Minute Consultation
Phone: 01244 506 444
Email: info@fjsolicitors.co.uk
Locations: Chester, Liverpool, Warrington, Wrexham, Manchester, Cheshire
Don’t leave your inheritance questions unanswered. Reach out today to protect your rights and ensure your wishes are clearly followed.
