WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
December 01 2020
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO

Who can’t inherit where someone dies without leaving a will?

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Who can’t inherit where someone dies without leaving a will?

Unmarried partners, lesbian or gay partners not in a civil partnership, relations by marriage, close friends, and carers. However, even if you can’t inherit under the rules of intestacy, you may be able to apply to court for reasonable financial provision from the estate if you were dependent upon the deceased financially at the date of death. For example, if you were living with the person who has died, you would not automatically inherit under the rules of intestacy but you may be able to establish a case whereby you could apply to court for financial help. You must have lived with them for at least two years. If you were always treated by the person who died as a child of the family, you could apply to the court for help.

What happens if there are no surviving relatives? The estate passes to the Crown (known as bona vacantia). The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but does not have to agree to them. If you are not a surviving relative, but you believe you have a good reason to apply for a grant, you will need legal advice.

Thanks very much to Punam Denley, a partner at the International Family Law Group LLP for reviewing and to David Hodson, also partner at the International Family Law Group LLP, who reviewed an earlier version which appeared in A Parent’s Guide to the Law by Jon Robins (LawPack , 2009).  Stephen Lawson, a litigation partner at Forshaws Davies Ridgway LLP assisted with the section on the CSA.