Wednesday, February 17, 2016

Family Inheritance System And Governing Rules

By Virginia Roberts


The process of distributing the property of a deceased person is not an easy task. Actually, where an individual has died without leaving a written will, cases may arise as who to who is supposed to benefit from the estate. However, the system of inheriting estate usually varies in different families and society. Even with this variations, there is a common rule of law, which must be applied during the process of dividing the property especially when there is no written will by the dead person. Nevertheless, over the time, Family inheritance system has been changing and it is taking the modern way of estate inheritance.

There are particular rules, which are usually put into consideration whenever distributing the property of a deceased person. These rules are commonly referred to as Intestacy rules. Under the rules of intestacy, the only people who are supposed to act as beneficiaries are married couples or civil partners. Again, close relatives are also entitled to assets inheritance.

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.

People or couples sometimes can have a common or joint tenancy ownership of their property. In such a case, they usually own the estate in question in portions. Once one of the parties dies, the surviving party will have all the rights to own the entire asset in case the ownership was in form of joint tenants. Nevertheless, if they had a common form of tenancy ownership, the person who is left alive will not have the rights to own all the estate unless stated.

In other circumstances, all the married partners have died, their children will automatically inherit all the property left behind by the deceased. If they died without leaving a will, their children will own the entire estate according to the law. In most cases, children will inherit the in equal proportions with assistance from the will administrator. There are other cases where one couple can alive and in such a case, children will only own assets if it exceeds a particular amount.

Since death does not choose, if it happen by a fate that all the parents, children, and grandparents dies, the next immediate beneficiaries are the grandchildren. Grandchildren usually possess the legal rights to share of given property. The property ought to be distributed to the grandchildren such that they get a share equal to that, which the parents or grandparents could have given in case they were a life.

If in case there are no immediate beneficiaries, the will considers the close relatives as alternative successors. The will administrator is supposed to ensure that he divides the assets left by the deceased appropriately. This will only happen where there is no a surviving couple, child or any other close successor.

It also happen that, all the individuals supposed to inherit the estate may not be in existence. If there are no surviving relatives, the estate will be passed to the crown. The treasury solicitor always trusted with the responsibility of ensuring that the estate is given to the appropriate persons.




About the Author:



No comments:

Post a Comment