In January 2023, the Treasury released its list of unclaimed estates and 20 of these are in Aylesbury Vale area.
An unclaimed estate is when someone dies without leaving a valid will, and furthermore no family comes forward to make claim of the estate.
What happens in this case?
The deceased’s property will become ‘ownerless property’ and will be possessed by the Crown. There is a 12-year period whereby the deceased’s family members can come forward and declare their entitlement to the estate.
Who is entitled under the intestacy rules (where there is no valid will) to the deceased’s estate?
- Spouse or civil partner
- Blood children, legally adopted children, grandchildren, great grandchildren
- Parent
- Siblings of full blood, or their children
- Half siblings, or their children
- Grandparents
- Uncles and Aunts, or their children
- Half Uncles and Aunts, or their children
For example, if you are a half cousin of the deceased, you could only make a claim of entitlement if there are no relatives living above you in the order of entitlement.
The importance of making a will
This not only highlights the importance of making a will, but also ensuring it is validly signed and witnessed, and ensuring it is kept up to date.
A will becomes legally invalid if the beneficiaries predecease the testator (person making the will).
It is often the case that a person makes a will and does not review it. They simply put it in a safe place and forget about it.
It is imperative that a will is made, but also reviewed regularly. We advise that a review every 5-10 years is a good idea, or as and when circumstances change for the individual.
BWK Solicitors
We are a local firm of Solicitors, with offices in Stone and Chalfont St Giles. We pride ourselves on offering clients a professional but friendly service and can assist you with the writing and reviewing of a will.
Please get in touch for a free half hour appointment to discuss the writing of a will.
