Being related by blood will not automatically guarantee that you are an heir to a relative’s estate. Although this is usually how it works, several factors can determine whether you are entitled to inherit anything from an estate. Being a blood relative is not always one of them. This blog looks at situations where blood relatives may not be an heir.
Spouses and Partners
Heirs to an estate are often direct family members. A spouse is usually at the top of the list, but long-term partners do not automatically have the same rights. If you are married, and nothing is in place stopping your spouse from being an heir, they will have entitlement over your estate, but divorce will remove this right unless stated otherwise. This is why separated couples must get a divorce. Otherwise, your ex-partner may be an heir, and any new partner will lose out.
Children
Children are next in line, following spouses when it comes to estate distribution. This includes blood-related and adopted children, as well as illegitimate ones. All children will inherit equally unless otherwise stated in the will. There can be complications if the deceased is the father of a child but not listed on the birth certificate, and the illegitimate child is clashing with the other children. These situations can be solved by a DNA test to prove blood relations.
Other Relatives
Other relatives may be heirs, depending on the family tree. If the deceased does not have a spouse or any children, the next heirs will be their parents, although parents will often pass away before this. In this case, it would then be their siblings who become heirs, followed by half-siblings and then grandparents, who are unlikely to be alive. Aunts, uncles and their children will follow as long as they are blood relatives or half aunts/uncles.
Occasionally, none of the above applies, and no family can be traced. This means the estate is passed to the crown.
Wills
Writing a will and ensuring it is updated after significant life changes is the best way to organise how your estate will be distributed once you pass away. If there is no valid will in place, your estate will be distributed to the closes heirs as outlined above, which may not align with your wishes. Wills are also important for those with long-term partners who they have not married – without a will, they could end up with nothing from your estate.
Contact Fleetwood Heir Hunters on 0208 9707486.