Dying Without a Will: What Happens If You Have Children from Previous Relationships?
Many families today are blended families. People may have children from previous relationships, be living with a new partner, be separated, divorced, or simply never married. Unfortunately, when someone dies without a will, these family dynamics can create uncertainty, disputes and expensive legal complications.
In England and Wales, if you die without a valid will, your estate is distributed according to the rules of intestacy, regardless of what you may have wanted.
Who inherits if there is no will?
The answer depends on your family circumstances at the date of death.
If you are not married or in a civil partnership
Many people are surprised to learn that unmarried partners have no automatic right to inherit under the intestacy rules.
If you die unmarried and leave children, your children will generally inherit your estate in equal shares.
For example:
You are divorced or never married.
You have three adult children from previous relationships.
You own a house and have savings.
You die without a will.
In this situation, your three children would ordinarily inherit your estate equally. Your current unmarried partner would not automatically receive anything under the intestacy rules.
Who becomes the administrator of the estate?
Where there is no will, there is no appointed executor. Instead, someone must apply to the Probate Registry for Letters of Administration and become the administrator of the estate.
The law sets out an order of priority for who can apply. Where the deceased was unmarried and had children, the children are normally entitled to apply.
What happens if there are three adult children?
If there are three adult children, they can:
apply jointly as administrators; or
one child can apply alone with the agreement of the others.
The administrator has responsibility for:
collecting assets;
dealing with banks and financial institutions;
paying debts and liabilities;
selling property if necessary; and
distributing the estate to beneficiaries.
What if all the children are estranged?
This is where matters often become complicated.
The Probate Registry does not investigate which child had the best relationship with the deceased. Being estranged does not automatically prevent a child from becoming an administrator.
If there are three adult children who are all estranged from the deceased, any one of them may seek to apply for Letters of Administration. The court generally follows the statutory order of entitlement rather than family closeness.
What if none of the children wants the responsibility?
Sometimes children do not wish to deal with an estate, particularly where relationships have broken down or the administration is likely to be difficult.
In those circumstances:
One or more children can formally renounce their right to act.
Another entitled beneficiary may apply.
In some cases, a professional, such as a solicitor, may be appointed to administer the estate.
What happens if the children cannot agree?
Disputes between potential administrators are common, particularly in blended families. Examples include:
arguments about funeral arrangements;
disagreements over the sale of a property;
concerns about the honesty or suitability of a proposed administrator;
long-standing family conflicts.
Where agreement cannot be reached, the court may be asked to determine who should administer the estate. In serious cases, the court can appoint an independent professional administrator to ensure the estate is dealt with fairly.
A real risk in blended families
Consider this example:
David dies without a will. He was divorced many years ago and lived with a long-term partner but never remarried. He has three adult children from different relationships, all of whom have had little or no contact with him for years.
His partner assumes she will inherit the house because they lived together for over a decade.
However, because David died intestate:
his partner has no automatic entitlement;
his children inherit the estate;
one estranged child applies to become administrator;
disputes arise over the property and funeral arrangements.
What could have been a straightforward estate becomes a costly and stressful probate dispute.
How a will prevents these problems
A professionally drafted will allows you to:
choose who inherits your estate;
protect an unmarried partner;
decide who administers your estate;
reduce the risk of family disputes;
make provision for children from different relationships;
ensure your wishes are followed.
Most importantly, it allows you to appoint trusted executors rather than leaving the decision to the statutory intestacy rules.
Summary
If you die without a will and you are unmarried, your children will generally inherit your estate under the intestacy rules. Where there are several adult children, any of them may be entitled to apply to become administrator, even if they were estranged from you.
For families with children from previous relationships, unmarried partners, or complicated family circumstances, dying without a will can create significant uncertainty, conflict and expense.
Making a will is one of the simplest and most effective ways to protect your loved ones and ensure your estate is administered by the people you trust.
Need advice about wills or probate?
At Arona St James Solicitors, we advise clients on wills, estate planning, probate, intestacy and estate disputes. If you would like to discuss your circumstances or put a will in place, contact Noel Carroll, head of our private client team, to arrange an initial consultation.