Proposed reforms to intestacy law reflect the reality of modern families, says Joel Wolchover
The Law Commission has recently completed a project to review the law of intestacy and family provision claims on death; and those of us working on the project have kept in mind the need to ensure that the law is clear and straightforward. But we have also attempted to develop reforms that reflect the reality of modern families and remove unnecessary or unduly technical obstacles in the way of bereaved family members and dependants with a claim to a share in the property of a person who has died.
Absence of a will
Practitioners will know that, no matter how much clients are encouraged to make a will, many will fail to do so and others make wills that do not include reasonable provision for close family and dependants. The distribution of property not included in a valid will is governed by the intestacy rules, which are largely contained in Pt IV of the Administration of Estates Act 1925. Whether or not there is a will, the distribution of the