Law surrounding inheritance, wills and probate are often murky and difficult for the everyday person to understand. It is no surprise that the ins and outs of these processes are often poorly understood and that misconceptions about how it all works are quite widespread. Incorrect information or a misunderstanding of the law and processes can hold things up and make what is often a difficult time even more challenging. Distribution of an estate under intestacy law is a tightly controlled affair to ensure that all procedures are handled lawfully and fairly.
Things may have worked on the basis of seniority in the past but in a modern legal system and a modern society it is not automatically the eldest surviving relative that will inherit an estate. These days estates tend to be shared more equitably and there are many intricacies in the law that are designed to protect potential beneficiaries.
A person may have children of their own but choose to list a friend, neighbour or other non-relative as their next of kin instead. This is not to say that the listed individuals would be legally considered as next of kin in the eyes of intestacy law; in fact, even if they are added to legal documents as next of kin it doesn’t mean they will be taken as such in a legal sense.
Through the lens of intestacy law, relatives who are ‘in-laws’ are not entitled to a share in an estate. It is important to make the distinction of whether relatives such as nieces and nephews are blood relatives or are relatives by marriage. In-laws may still be named beneficiaries but if they are not named then they do not have a legal claim on any part of the estate in question.
If parents have adopted a child then that child has the same legal status as a blood relative of their adopted parents. When a child has been adopted out of a family, the biological parents can no longer class the child as their blood relative. Once paperwork is signed regarding the adopted status of a child they are considered the legal offspring of the adopted parents and will therefore have a claim on inheritance. Adoptions can make the probate research process a little trickier to navigate but as long as the legal documents are accessible then the proper procedures can be followed.
Blended families are common in this day and age, and many people are confused as to how this can impact estates and inheritance. If a deceased person divorced their spouse then the former spouse has no legal claim to their estate. Similarly, step-children of the deceased are not considered legally as blood relatives, so are not entitled to the deceased’s estate.
You might be surprised to learn that, in the vast majority of cases, issues surrounding inheritance and estates are made more complicated because there are so many misconceptions and often complex legal considerations that need to be made. It is always best that time and proper care is taken because the time following a persons’ passing is always highly emotional; not only can things be complicated from a legal standpoint, they can also be challenging because of the emotional aspect for those involved.
It is absolutely vital that these highly personal matters are carried out with sensitivity and in accordance with current best practices. This is the best way to ensure that legal requirements are met while also taking the emotional needs of those involved into account. Of course, as legal practitioners and representatives the priority when dealing with any inheritance, probate or other estate is to ensure things are concluded in a timely, legally compliant manner.
As a professional you will know that the law regarding these matters and procedures is subject to change. As this is the case it is your responsibility to ensure that training is ongoing. Falling foul of the law is an easy way to open yourself up to some very serious repercussions that can be expensive and damaging to reputations, and may even bring forward legal proceedings.