Partial Intestacy

Let’s talk about partial intestacy. Other articles on this website have discussed intestacy.  In others, we talked about accidental intestacy.

Partial Intestacy

Mr & Mrs Tanner were looking forward to their 80th birthdays. They were fit and in good health. They thought it’d be a good idea to look at their wills, just because. They’d done not too badly for themselves, they lived in a million-pound farmhouse in Coulsdon. Peter, their gardener came round regularly to tend the grounds. He’d worked for them for over thirty years. They left a bequest of £30,000 to Peter, a few small bequests to charities and a small gift to their local church. The Tanners had no surviving children, so they left their estate among their grandchildren.

They drafted their wills correctly, the documents reflected with their wishes. The documents were witnessed by Peter’s wife Linda, and Linda’s sister. The wills were not invalid, however the gift to Peter became invalid.  At best, there would have been a case of partial intestacy. I would have hated to witness the resulting mess if the wills had not been made good. A stitch in time and all that.

All’s Well That Ends Well

A will may not be witnessed by a beneficiary or the spouse of the beneficiary of the will.

A will being declared invalid, no matter the reason could cause intestacy.

Intestacy can result from a will being lost. If a deceased person’s valid will cannot be found, the person would have died intestate. We shall talk about storing and updating a will further. For now, bear this in mind: storing and updating your will should cost you nothing.

I’ll show you how to ensure your will could not be declared invalid, and couldn’t be challenged, so that your estate would be distributed according to your wishes. Onwards.

I’ll be happy to help you immunise your estate against all forms of intestacy – outright intestacy, accidental intestacy or partial intestacy.