mercredi 17 février 2016

Family Inheritance System And Intestacy Rules

By Virginia Roberts


Inheritance systems usually differ from one family to another. Although there are particular laws, which cut across all communities and families, every family has its own rules, which govern the process of inheriting property especially after death of the family head. In the modern society, property inheritance, usually refers to succession of a particular property after death of a person according to the will. There are usually administrators who are chosen by the person drafting the will to ensure that the will is executed appropriately. Family inheritance system has been changing since time immemorial and it is now taking a new course.

The process of distributing property to the beneficiaries involves a lot of steps. However, there some rules, which are usually in operation to help during this process. This rules are commonly referred to as the rule of intestacy. Under this rule, married couple, civil partners, children, and all relatives are entitle to assets ownership. They are commonly referred to as beneficiaries.

Under the intestacy rule, if the dead person was married legally according to the law, the property will automatically be given to the surviving couple. Again, in case they couple had a legal divorce before the death, the intestacy rule will not be in operation. However, if they couple had not separated legally, the party that survives usually becomes the immediate beneficiary.

People or couples sometimes can have a common or joint tenancy ownership of their property. In such a case, they usually own the estate in question in portions. Once one of the parties dies, the surviving party will have all the rights to own the entire asset in case the ownership was in form of joint tenants. Nevertheless, if they had a common form of tenancy ownership, the person who is left alive will not have the rights to own all the estate unless stated.

In other circumstances, all the married partners have died, their children will automatically inherit all the property left behind by the deceased. If they died without leaving a will, their children will own the entire estate according to the law. In most cases, children will inherit the in equal proportions with assistance from the will administrator. There are other cases where one couple can alive and in such a case, children will only own assets if it exceeds a particular amount.

Since death does not choose, if it happen by a fate that all the parents, children, and grandparents dies, the next immediate beneficiaries are the grandchildren. Grandchildren usually possess the legal rights to share of given property. The property ought to be distributed to the grandchildren such that they get a share equal to that, which the parents or grandparents could have given in case they were a life.

If in case there are no immediate beneficiaries, the will considers the close relatives as alternative successors. The will administrator is supposed to ensure that he divides the assets left by the deceased appropriately. This will only happen where there is no a surviving couple, child or any other close successor.

If at all there is no living beneficiary, the estate is usually given to the crown. Once it has been passed to the crown, the solicitor will have the responsibility to make sure that the assets is handed over to the right individuals.




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