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Jumat, 19 Februari 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.

There are protocols, which is usually used to distribute the estate of a deceased person. These protocols are only effective where the deceased has left a written will on how his or her property will be distributed to the beneficiaries. For instance, where one couple has died, the surviving couple will inherit the estate according to the intestacy rule. If in case the couple had divorced before the event of death, this rule will not be applicable.

In case individuals have joint property ownership, there is a way of distributing the estate during the event of death. For instance, during the event of death, if partners where in a joint tenancy, the surviving partner will immediately inherit the assets. If they were in a common tenants, the surviving couple will not directly be the immediate owner of the whole property.

Sometimes, it can happen that the parents dies under different circumstances. During such cases, the intestacy rule states that, the biological children ought to be the immediate beneficiaries of the estate of the deceased. If in case the children left behind are two or even more, then every child stand an equal opportunity to get equal share of given assets.

There are other case where all the parents, grandparents and children may not be a life after when the death of a given property owner has taken place. If such a case ever exist, the property is supposed to be handed over to the grandchildren. In such a case, it ought to be distributed in such a way that, they get a share equal to that the beneficiaries would have got if they were alive.

Other relatives who are close to the testate are also supposed to get a certain amount of share though this will only apply under particular circumstances. For example, if there is no surviving couple. Again, in cases where children, grandparents, and grandchildren are not alive, close relatives are entitle to get some shares of the assets left behind by the deceased.

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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