Do unmarried/divorced couples inherit?

In the absence of a Will only married couples automatically inherit from their spouse’s estate.

Unmarried couples have no automatic right to inheritance and the estate would instead pass to the closest living relative (see our blog on the Rules of Intestacy). However, if the survivor was financially dependent (fiduciary relationship) on the deceased then they can contest this and may be awarded with either a regular maintenance payment or a lump sum. It is, however, unlikely that the entire estate would be awarded.

In the case of couples divorcing, it is important to note that until the Decree Absolute is issued they are still considered to be a married couple and would inherit in accordance with this should one of them die during the proceedings. However, once the Decree Absolute is issued the marriage is dissolved and they no longer have any entitlement to each others’ estates under the Rules of Intestacy.  In the event of a divorce, the law automatically revokes any provisions in your will that favor your ex-spouse, however if you have a Will whereby your spouse is the sole Executor and the entire estate passes to them with no substitution, your Will, will no longer be valid.  It is vital that you review your Will under these circumstance as the Rules of intestacy may not distribute your estate the way you intend.

Patricia Steinfeld & Charlotte Cumbicus-Gunn
Probate Advisors

If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

When you write your Will, you have the right to nominate whoever you want as beneficiaries of your estate. Even if you have children or are married, you are still entitled to nominate someone else to receive your estate, be it a family friend or a charity.

The only thing to bear in mind is that, once you die, if your relatives are unhappy with the Will they can contest it. Whether or not they are successful will largely depend on how well the Will is written (hence the importance of having a professionally drafted Will), whether they have any evidence to prove you were not in your right mind when you wrote it and whether they were dependent on you financially.

For further advice on writing a relative out of your Will, it is advisable to call and speak to one of our advisors who will be able to ensure that your Will is competently drafted so that there is as little chance as possible of the Will being successfully challenged.

Charlotte Cumbicus-Gunn
Probate Advisor

If you need further help or advice on dealing with estate administration or require more information on Probate in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

It is often considered that if a parent dies, the survivor will automatically become the sole legal guardian of that child.  This is untrue.  A mother automatically has parental responsibility for her child from birth, however the conditions for fathers gaining parental responsibility vary.  A father only has automatic responsibility if he is married to the mother when the child is born or has acquired parental responsibility for his child through one of these three routes:

From the 1^st Dec 2003, jointly registering the birth with the mother

• Parental Responsibility Agreement with the mother (prepared by a solicitor)
• Parental Responsibility Order made by a Court

Living with the mother even for a long time does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child whether they have parental responsibility or not.

For this reason it is imperative for anyone with children to write a suitable Will which provides for both their welfare and financial security.

Patricia Steinfeld
Probate Advisor

If you need further help or advice on dealing with estate administration or require more information on Probate or Wills in general, please call The Probate Bureau‘s free helpline on 0800 028 2837

It is a common misconception that having a Will means you do not need Probate. This is completely untrue, whether or not Probate is required is based solely on the size of the estate and the location of assets.  Probate is required if there are assets you cannot release because of their value.

Having a Will may make it easier for the executor to administer the estate, as your wishes have been clearly stipulated, however the legal process of obtaining Probate may still be necessary.

Probate is known as ‘proving the Will’.

Charlotte Cumbicus-Gunn
Probate Advisor

For more information on Probate visit our website or telephone 0800 028 2837 to talk to one of Probate advisors.

We often find when we deal with probate cases that a living relative or Executor has great difficulty locating the Deceased’s Will.  Ideally copies of the original Will should be taken with a certificate to indicate the original’s location. In reality some Wills are lost making handling probate very difficult.

The Probate Bureau offers a full Will storage service for an annual charge of £25.00 payable by Standing Order.  It is an effective way to securely store probably the most important document you will ever write along with any other important information and documentation. For less than 50p week it makes good sense and offers peace of mind.  If you are interested in finding out more about The Probate Bureau Will Storage contact info@probatebureau.com

For more information about Will Storage and our Will writing services, please contact Patricia Steinfeld at The Probate Bureau on 0800 028 2837.