Few of us, if any, have a choice as to when we die. It is virtually unpredictable.
When we die however we will die either testate or intestate.
Testate means that we have left instructions, via a Will, as to how our assets are to be distributed after we are gone.
Intestate means we have left no instructions or guidance as to how our assets are to be distributed and to whom.
With a Will, persons are named in it as executors and it is their responsibility to obtain probate, collect up all the assets pay the funeral expenses and other bills and then distribute what’s left according to your wishes.
Without a Will someone, usually a family member, has to apply to the court for Letters of Administration in order to apply the statutory rules of intestacy to your assets. If no one applies it may fall to one of the many firms of ‘Heir Hunters’ to seek out long lost relatives to benefit from your estate. If they fail then it could finish up with the government taking it all.
The intestacy rules were originally drawn up decades ago and although recently reviewed they bear little relevance to the complicated way of life we live today.
At a difficult time of grief and sorrow by nearest and dearest it can add to the misery to learn that no Will has been left and that the deceased died intestate.
For relatively small cost in time and money you can prevent this by making a Will.
The choice therefore is yours–Testate or Intestate–Make up your mind.