You are not always an heir to a relative’s estate just because you are connected by blood. Even though this is the norm, several variables can affect your eligibility to receive any inheritance from an estate. This blog looks at circumstances in which a blood relative might not be an heir.
Partners and Spouses
Direct family members are often the heirs to an estate. Although long-term partners do not always have the same privileges, a spouse is typically at the top of the list. If you are married and nothing is preventing your spouse from inheriting your estate, they will be entitled to it; however, unless otherwise specified, divorce will revoke this right. The UK government provides clear guidance on who inherits when someone dies without a will. Separation alone does not remove inheritance rights. Otherwise, a new partner may lose out because a legally married ex-spouse could still inherit.
Children
When it comes to estate distribution, children come after spouses. This includes biological, adopted, and non-marital children. Unless the will specifies differently, all children will inherit equally. Conflicts between the illegitimate child and the other children may arise if the deceased is the child’s father but is not named on the birth certificate. A DNA test can resolve these issues and establish blood ties. UK law explains children’s legal rights in relation to parentage and inheritance.
Other Family Members
The family tree may indicate that other relatives are heirs. The deceased’s parents will be the next heirs if they have no spouse or children, though parents often die before this. The heirs in this scenario would be their siblings, then their half-siblings, and, if still living, their grandparents. As long as they are blood relations or half aunts or uncles, aunts, uncles, and their offspring will follow. Sometimes, none of the aforementioned is true, and no relatives can be located. The estate becomes bona vacantia and passes to the Crown. In these cases, the estate may be treated as an unclaimed estate and pass to the Crown.
Writing a Will
The easiest way to plan how your assets will be allocated after you die is to write a will and update it after significant life changes. Your inheritance will be divided among the heirs listed above if there isn’t a valid will in place, which might not be in accordance with your preferences. This happens because UK intestacy rules determine who inherits when no valid will exists.
Those who have long-term relationships but have not married should also have wills because, in the absence of one, they might receive nothing from your estate. If you are dealing with an estate and you require a UK family tree search, contact our friendly team.
Contact Fleetwood Heir Hunting at 0208 9707486 if you would like to speak with an expert about your family tree or any other genealogy-related issues.