Inheritance & the family | FAQs

FAQ: Study

What is testamentory freedom?

This is the freedom to leave your estate (property, assets and personal belonging) to whoever or whatever you choose. Currently, the law allows people to leave the whole of their estate as he or she wishes, although there is legislation under which certain people are able to challenge this.

What does intestacy mean?

Intestacy is when somebody dies without making a legally-binding will.

How do the current intestacy rules work?

The rules are governed by the Administration of Estates Act 1925, subject to the power of courts to intervene under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. This means that there are a complex set of rules that focus on passing an estate to blood relations, spouses and civil partners rather than other social relations. These rules can be challenged by those who feel they have been treated unfairly. Spouses, civil partners, former spouses and civil partners, cohabitants, children, step-children and other dependants may apply to the court on the basis that the rules have made reasonable financial provision for them. The rules are described in more detail on page 10 of the full report and in Appendix H.

Do the current intestacy rules make financial provision for cohabitants?

No. Cohabitants are able to make an application to the court through the Inheritance (Provision for Family and Dependants) Act 1975.