Family Inheritance System And Intestacy Rules

By Virginia Roberts


Inheritance systems usually differ from one family to another. Although there are particular laws, which cut across all communities and families, every family has its own rules, which govern the process of inheriting property especially after death of the family head. In the modern society, property inheritance, usually refers to succession of a particular property after death of a person according to the will. There are usually administrators who are chosen by the person drafting the will to ensure that the will is executed appropriately. Family inheritance system has been changing since time immemorial and it is now taking a new course.

Even With these changes, there is always a common protocol, which will apply whenever a property is been distributed among the beneficiaries. This rule is called the rule of intestacy. It outlines that the property of a deceased person ought to be distributed according to the will. It gives the married couple and children the first priority to get a share of the assets.

In case of married couple or people in civil relationship, the rule of intestacy will only be in operation if such couple are in civil marriage or partnership at the time the death of one partner. In case you have been divorced, or the marriage has been legally terminated the rule of intestacy will not be applied during the process of distributing the property. However, in case partners were separated under no clear circumstance, these rules can still apply.

In circumstances where the individual own a particular property jointly, there is a way of distributing this property in the event where parties has died. For example, if the people where engaged in a joint tenancy of estate ownership, the party, which remains alive has rights own the whole property. However, in case of common tenancy, the surviving party has no right to own the assets unless stated by the law.

In other circumstances, all the married partners have died, their children will automatically inherit all the property left behind by the deceased. If they died without leaving a will, their children will own the entire estate according to the law. In most cases, children will inherit the in equal proportions with assistance from the will administrator. There are other cases where one couple can alive and in such a case, children will only own assets if it exceeds a particular amount.

There are other case where all the parents, grandparents and children may not be a life after when the death of a given property owner has taken place. If such a case ever exist, the property is supposed to be handed over to the grandchildren. In such a case, it ought to be distributed in such a way that, they get a share equal to that the beneficiaries would have got if they were alive.

Other relatives who are close to the testate are also supposed to get a certain amount of share though this will only apply under particular circumstances. For example, if there is no surviving couple. Again, in cases where children, grandparents, and grandchildren are not alive, close relatives are entitle to get some shares of the assets left behind by the deceased.

There is also a way to handle assets, which have no beneficiaries. For instance, if there are no successor, the assets will be passed on the crown. Once this has happened, the treasury solicitor will have the mandate of ensuring that the assets of given to the recommended next of kin.




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