Wendy Edwards, an associate solicitor within Archers' wills, probate and trusts team, said: "The changes to the intestacy rules
do make things simpler in some cases.
If a residuary devise fails in toto, the intestacy rules
apply even though there is a will unless the will includes an alternative residuary provision.
are not favorable (as previously discussed) to unmarried couples.
Your beneficiaries under the intestacy rules
could be under the age of 18 and therefore applications to the Court of Protection may be needed for business decisions to be taken or your business interest could end up passing to someone who is not interested in the business and would be detrimental to the business moving forward.
Mr Jones, assistant solicitor at Worcestershire-based mfg Solicitors, said: "The intestacy rules
have been in place for many years and an update and clarification has been a long time coming.
A Should you die without making a will then your assets would pass in accordance with the intestacy rules
She needs to make a will leaving the house to you, or at the very least giving you the right to live in it, otherwise the property could pass through the intestacy rules
to relatives who might want to evict you.
In summary, it remains as important as ever to ensure you have a valid Will - and that you review it regularly to make sure it is up-to-date - because without one, the intestacy rules
apply, which is likely to result in the estate not being distributed as you would have wanted and in some cases people you would have liked to benefit may not be entitled to receive anything at all.
For example, in the unfortunate case that one of them should pass away without making a will, then intestacy rules
will affect the way the business is run.
It was hard enough dealing with our grief but we also had to go through the heartache of having his estate apportioned according to strict intestacy rules
It is important to remember that, should you successfully prove that the Will is invalid, any earlier Will will stand or, the absence of an earlier Will, the intestacy rules
However, any assets held in the deceased's sole name fall under the intestacy rules