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Landlords & Tenants

We at Saifee Solicitors can assist with your property needs and our specialists

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Please contact one of our team on 0330 124 3083 so that we can assist you with any of the above.

Coronavirus: What powers do police have if people break Covid rules?

The police's role in the coronavirus pandemic is simple: to ensure we follow the new restrictions on our lives.

But in practice, that is a huge challenge for police who are being asked to monitor behaviour that, until March, was perfectly legal.

How do police enforce Covid rules?

Since March, police chiefs have followed a system called "The Four Es". Before fines are issued to rule-breakers, police will first:

  • Engage with people to ask why they appear to be breaking the rules
  • Explain the law, stressing the risks to public health and the NHS
  • Encourage them to change their behaviour
  • Enforce by issuing penalty notices, only as a last resort

Why can you be fined for breaking Covid rules?

The police have a legal duty to make sure the rules are enforced, alongside council environmental health and trading standards officers. And enforcement only works in law if there are fines.

If you break the new England lockdown rules, you could get a fixed penalty notice (FPN), the Covid equivalent of a parking ticket. Since March, almost 20,0000 have been issued.

These now start at £200, rising to £6,400.

Large parties can be shut down by the police - with fines of up to £10,000.

In extreme circumstances, you could be prosecuted and face an even greater fine imposed by a court. Similar rules apply in all parts of the UK.

Can police fine me for being in the street?

Yes. During the England lockdown, you must stay at home unless you have a reasonable excuse to be outside. Your home includes any property associated to it - such as a garden or shed - and also access to it.

The lockdown law sets out in full examples of reasonable excuses.

Police won't fine you for going shopping for essential goods, or to obtain a service from a business that can remain open.

And you're not breaking the law if you go shopping for someone else in your household, or a vulnerable person.

Will police arrest me for exercising?

No. There was enormous confusion in March over how long people could exercise for - and where - leading to Cabinet Minister Michael Gove pronouncing that he thought half an hour was enough.

There are no restrictions in England on how you exercise and for how long - other than you cannot do it in groups.

So you can run or a wander with someone else from your household or, critically, one person you don't live with.

Sitting on park benches is definitely NOT banned. But don't form a gathering if you do because...

Will the police fine me for mingling?

They might. This refers to the ban on "gatherings".

The last version of the restrictions made it a potential crime to "mingle". That language has now gone from the law - but the rules are far, far stricter.

You can no longer meet anyone indoors - other than those in your family, support bubble, people you care for, or for other specific purposes, such as an emergency, or to carry out work.

So, the rules ban social visits - but they do leave wriggle room for lots of the necessities of daily life.

Outside, two people can meet - the law can't really criminalise bumping into someone in the street. Groups larger than that are a no-no for the same social reasons. Again, there are exceptions.

Even if break the rules, how likely am I to be fined?

The Home Office has given the police an extra £30m to pay for specific Covid patrols in England and Wales. Home Secretary Priti Patel met police chiefs on the eve of the new English lockdown - and told them that they now need to "strengthen enforcement" to save lives.

The National Police Chiefs Council hasn't abandoned the Four Es - but expect more fines and more officers asking people what they are doing.

What about the rest of the UK?

The rules differ across the UK - but all forces follow the general principle of the Four Es.

Police will be expected to continue enforcing new rules:

  • Scotland has introduced a five-tier system and First Minister Nicola Sturgeon is considering a wider travel ban
  • Wales will leave its so-called "firebreak" lockdown on 9 November - and it is introducing a new system including a general ban on travelling to England, other than for work
  • orthern Ireland might extend its own version of a national lockdown by keeping hospitality closed
  • Can police make me cover my face?

    Yes, and, again, you could face a fixed penalty notice.

    In all parts of the UK you must now wear one in shops. You must also wear them when out in a pub, cafe or restaurant when not sitting at your table.

    Staff and security guards have no formal powers to enforce the wearing of masks. However, they can stop you from entering or demand that you leave their property.

    You must wear a face covering on public transport in all parts of the UK, although some people are exempt. In London, transport officials can issue you with a penalty ticket.

    • What are the rles for face masks or face coverings?
    • Can police check whether I'm isolating?

      If you have returned from an overseas Covid hotspot, or have been told by the NHS Test and Trace system to stay at home, you must quarantine for 14 days.

      The police can now check the NHS Test and Trace database to investigate a tip-off about a quarantine-breaker. Police won't get to see your personal health records.

Renters: Eviction cases resume after six-month ban

Eviction hearings will now resume in courts in England and Wales - but the most serious cases will be given priority.

A backlog has built up during a six-month ban on proceedings in place during the coronavirus outbreak.

Cases involving domestic violence or anti-social behaviour will be heard first. Restrictions also exist in local lockdown areas and over Christmas.

But Labour and campaigners have called for the ban to be extended.

There have been warnings from charities and health bodies about the dangers during the pandemic of people being made homeless and living in overcrowded conditions.

A recent survey by homelessness charity Shelter suggested that more than 170,000 private tenants had been threatened with eviction by their landlord or letting agent, while 230,000 in England have fallen into arrears since the pandemic started.

However, the government and landlord groups do not expect a wave of eviction notices.


'Future in the balance'

Ian Forest Image captionIan Forest says finances are stretched

Wedding DJ Ian Forest has seen his income "killed for a year" as a result of the coronavirus outbreak.

His letting agent allowed him to pay 50% of his rent for a few months, but he now faces demands for full rent again, as well as £3,000 of arrears.

He has claimed all the financial support available, but is concerned that it is insufficient to cover his bills and his tenancy is at risk.

"I feel for the landlord as well, but my future here is in the balance. Who knows what will happen," he said.

Presentational grey line

In England, Wales and Scotland, landlords must now give six months' notice of eviction compared to two months before the pandemic in many areas. In Northern Ireland, it is 12 weeks, but the authorities said notices should not be issued unless "absolutely unavoidable".

Courts in England and Wales will prioritise serious cases, and historic ones where the rent has not been paid for more than a year.

Chris Norris, of the National Residential Landlords Association, said that a switch would not be turned on leading to a sudden spate of evictions.

But he said the last six months had seen "real restrictions" on landlords trying to deal with "nuisance neighbours".

Eviction notice and maskImage copyrightGETTY IMAGES

Housing Secretary Robert Jenrick said that evictions would not be enforced by bailiffs if a local area was in a lockdown that included restrictions on gathering in homes.

Bailiffs have also be told not to enforce possession orders over Christmas, other than in "the most serious circumstances", such as cases involving domestic abuse or anti-social behaviour.

But Labour said there were still unnecessary risks created by the government's policy.

Shadow housing secretary Thangam Debbonaire said: "The government needs to come forward with a credible plan to keep their promise that no renter will lose their home because of coronavirus."


Advice for tenants

  • Anyone under threat of eviction should start gathering evidence, such as receipts for rent paid or any communications with your landlord
  • Landlords have to give you notice before they can apply to court for a possession order. For most tenancy types, this notice must now be at least six months in England, Wales and Scotland, but lodgers may get less notice
  • If a possession order had already been made against you before 27 March 2020, then your landlord may apply for this to be enforced now the ban is at an end. You should receive 14 days' notice of the eviction date
  • Anyone now struggling to pay rent should speak to their landlord and organise a repayment plan to pay off arrears
  • Those receiving housing benefit or Universal Credit and unable to pay rent might be able to get a discretionary housing payment from the local council

Source: Citizens Advice

Source: https://www.bbc.co.uk/news/business-54203447

Coronavirus: Who are the Covid marshals and what powers will they have?
Covid-secure marshals will be introduced in towns and city centres in England to help ensure social distancing rules are followed, Prime Minister Boris Johnson says. However, there are questions over who will pay for them and those already working in some areas have no power to enforce rules.

What's the aim?

Mr Johnson said the government and the public want to see "stronger enforcement of the rules". In order to do this, he said marshals would be introduced and a register of environmental health officers - who councils could use for support - would be set up. He added that:
  • Hospitality venues will be legally required to record the contact details of everyone visiting and to hold them for 21 days
  • Hospitality venues which fail to follow Covid-secure guidelines will be fined
  • Local authorities will be supported to make greater use of existing powers to close venues which break the rules
  • The police will have new powers from 14 September to break up, and fine, groups of more than six people
However, the plans have been criticised. Conservative MP Steve Baker, for example, said it would "turn every public space in Britain into the equivalent of going through airport security".

Who will the marshals be?

The government said marshals can either be volunteers or existing members of council staff. The Local Government Association (LGA) said "any new responsibilities for councils in this area will have to be fully funded", but there has been no funding announced by government. The Ministry for Housing, Communities and Local Government told the BBC that some areas of the country had already introduced marshals - including Leeds and Cornwall - and it would see where else they were needed. Leeds City Council told the BBC it had introduced six night marshals "who were in place over four weeks and who did not have any enforcement powers". It said these marshals "were positively welcomed by our businesses as necessary and effective in supporting the evening and night-time economy to reopen safely". In Cornwall, street marshals were introduced in Camborne, Helston, Newquay, Redruth, St Austell, St Ives and Truro in July. The council said they would be present during the busiest times of the day to "give friendly help and guidance to those visiting and working" in the area. Banner image reading 'more about coronavirus' Banner

What powers will they have?

The government has still to set out details of what marshals will do, and says those decisions will be a matter for local authorities. In areas where marshals have already been introduced, they have done things like giving out hand sanitiser and face coverings, answered questions and explained social distancing guidelines to members of the public. Marshals do not have the power to enforce social distancing or to issue fines to anyone who breaks the rules. But the government says they can call the police if enforcement action is needed.

Who will enforce the rules for hospitality venues?

Mr Johnson spoke about the need for stricter enforcement of the rules for hospitality venues like pubs and restaurants. Regulation of these premises is a role for local authorities and the Health and Safety Executive (HSE), but there have been concerns about a lack of resources. Data provided by the HSE shows that between the beginning of the pandemic in March and 6 September:
  • 14,934 spot checks have been carried out
  • Formal action has been taken in 2,541 cases
  • 2,034 have received verbal advice - and 432 written correspondence and 75 enforcement notices have been issued
To bolster this work, the government announced it would set up a register of environmental health officers that councils could call upon - but it is yet to release further details. The LGA said "given the shortage of environmental health officers, it is positive that the government has committed to a register".
When does the stamp duty holiday end?

The chancellor's policy of suspending of stamp duty on the first £500,000 of all property sales in England and Northern Ireland has helped boost house prices.

August saw the highest monthly price rise in more than 16 years, says the Nationwide. It describes the housing market recovery as "unexpectedly rapid".

So what has Chancellor Rishi Sunak done to try to help homebuyers?

What is stamp duty?

Stamp duty is a tax paid by people buying properties, although it varies slightly across the UK.

In England and Northern Ireland buyers pay Stamp Duty Land Tax.

In Scotland it is Land and Buildings Transaction Tax, while in Wales buyers pay Land Transaction Tax.

The amount handed to the government depends on where you are in the UK, and the price of the property.

The changes to stamp duty only apply to buyers in England and Northern Ireland.

What has changed?

The government has temporarily increased the stamp duty threshold to £500,000 for property sales in England and Northern Ireland, until 31 March 2021,

Anyone completing on a main residence costing up to £500,000 before then will not pay any stamp duty, and more expensive properties will only be taxed on their value above that amount.

This will save buyers as much as £15,000, if they are buying a property of £500,000 or more.

The move was aimed at helping buyers who have taken a financial hit because of the coronavirus crisis.

It was also intended to boost a property market hit by lockdown, which - according to the Halifax - saw house prices fall for four months in a row.

The average stamp duty bill will drop by £4,500, Mr Sunak has suggested, with nearly nine out of 10 people buying a main home this year paying no stamp duty at all.

However, critics worry it could encourage people who were planning to buy next year to accelerate their plans to take advantage of the tax break. This could lead to a slump in demand when the tax break ends.

woman looking at houses for saleImage copyrightGETTY IMAGES

How much stamp duty will I pay now?

If the property purchased is your main home, you won't pay any stamp duty on it at all if it costs £500,000 or less.

The next portion of the property's price (£500,001 to £925,000) will be taxed at 5%, and the £575,000 after that (£925,001 to £1.5m) at 10%.

The remaining amount (over £1.5 million) will be taxed at 12%. You can calculate how much you are liable to pay here.

Before the announcement, stamp duty in England and Northern Ireland was paid on land or property sold for £125,000 or more, while first-time buyers did not pay any stamp duty up to £300,000. But this stamp duty holiday replaces the first-time buyer discount.

Landlords and second home buyers are also eligible for the tax cut but will still have to pay the extra 3% of stamp duty they were charged under the previous rules.

Table of stamp duty rates

What about Scotland and Wales?

In Scotland, the rates on Land and Buildings Transaction Tax are 2% on £145,001-£250,000, 5% on £250,001-£325,000, 10% on £325,001-£750,000, and 12% on any value above £750,000.

Scottish landlords pay an extra 4% Land and Buildings Transaction Tax on top of standard rates.

In Wales, the rates on Land Transaction Tax are 3.5% on £180,001-£250,000, 5% on £250,001-£400,000, 7.5% on £400,001-£750,000, 10% on £750,001-£1.5m, and 12% on any value above £1.5m.

Welsh landlords pay an extra 3% Land Transaction Tax on top of standard rates.

Family being shown around a houseImage copyrightGETTY IMAGES

How much does stamp duty raise?

The government's annual take from stamp duty is around £12bn, according to the latest figures released by HM Revenue and Customs (HMRC).

That's roughly equivalent to 2% of the Treasury's total tax take.

The nine-month stamp duty holiday in England and Northern Ireland - from July 2020 to March 2021 - will cost the Treasury an estimated £3.8bn.

Coronavirus Q&A: Family law

Common questions answered around family and children’s law during the Covid-19 outbreak

Q. How is the outbreak affecting domestic abuse victims and their ability to access the help they need?

A. The Covid-19 lockdown has had a devastating effect on domestic abuse victims and their ability to seek help.

 

Refuge has reported a 25% increase in calls to the national domestic abuse helpline. A high number of deaths have also been reported and it is likely this will increase as isolation measures continue.

 

The government’s ‘You Are Not Alone’ campaign – to raise public awareness of domestic abuse and signpost resources – and investment in domestic abuse helplines is welcome but there is still much more to be done.

 

It is encouraging to see government guidance for emergency injunctions – which stop abusers harming or threatening victims – now acknowledges that victims may not be able to get time and space away from their abuser to fill in an application, provide a witness statements and attend a telephone hearing.

 

However, strict legal aid criteria leave many victims navigating the process unrepresented. Making non-means tested legal aid available for domestic abuse cases would allow all victims access to legal support.

 

The government should further relax the usual ’gateway’ evidence requirements during the pandemic so that solicitors – as well as doctors and other professionals – can certify an individual has experienced domestic abuse, allowing them access to legal aid. Doctors and other frontline professionals are simply too busy to provide evidence at this time.

 

The Covid-19 lockdown is an incredibly dangerous time for domestic abuse victims and now more than ever, they must be able to access the help and support they need.

 

Every effort must be made to put the necessary funding into refuges and accommodation – giving victims and their children a space they can feel safe in during this pandemic.

 

The national domestic abuse helpline number is 0808 2000 247.

 

Q. If I have a shared custody agreement, can I still take my child to see their other parent?

A. Yes, the government has announced that children under 18 who have separated parents are free to go between households.

 

However, this becomes more complicated if the child has to go into isolation because they or someone in their home are displaying Covid-19 symptoms, or if one parent is in an ‘at risk’ category.

 

Family Courts still encourage parents with contact orders to stick to those orders as far as they can, including by finding creative alternatives. For example, using FaceTime or other forms of remote contact if face-to-face interactions are not possible.

 

In all circumstances, parents should consider the welfare interests of their child and work together to find the best solution in line with the government’s isolation guidelines.

 

Q. How will the Covid-19 pandemic affect those going through the divorce process?

A. Divorces can still be issued online in the usual way. They can - in principle - proceed online all the way to decree absolute and if the couple has no children or money issues (not forgetting property and pensions) this may suit them very well; divorce itself is an administrative process, after all.

 

If the separating couple needs to ask the court to consider any aspect of their divorce, they could encounter delay. Courts are currently having to prioritise their work and some categories are deemed ‘essential’ while others are not. If the court can deal with a case it is likely to do so remotely – as long as this will not prejudice a fair hearing.

 

Divorce and separation are stressful processes and being forced by public health restrictions to live together with your soon-to-be ‘ex’ may not be easy. If separating couples need advice on any aspect of their relationship breakdown, they should contact a solicitor. Most solicitors firms are providing a full range of legal services, albeit remotely for now.

 

 

Q. How is the Covid-19 lockdown affecting children’s care proceedings?

A. The protection of vulnerable children is a continuing, critical concern for professionals working in the field. Local authorities have adopted protocols to protect the health of their staff as well as the families they work with – allowing social workers’ visits and checks to continue as safely as they can.

 

The ‘lockdown’ undoubtedly places extra pressures on families already under strain. Schools stayed open for children who are under child protection, but only a minority of eligible children have been turning up. This means that, worryingly, an important layer of safeguarding for these children has been removed.

 

In short, local authorities remain busy with all aspects of child protection work, including public law proceedings, which are still going ahead via remote hearings.

 

As a necessary alternative during the pandemic, this can be a little unsatisfactory: parents often need extra help with the court process and with everyone ‘dialling in’ separately from their own home or laptop, this might not be available.

 

If someone’s child is being removed from their care, or even adopted, they may feel understandably let down if they cannot participate to their fullest within the court process. The family courts are alive to these problems and research is underway which should quickly lead to clear guidance about which cases may be conducted remotely, and which cannot.

 

For other types of events, such as Public Law Outline (PLO) meetings, local authorities and solicitors continue to work together to make it possible for parents to participate, with support.

 

Where a parent should be having contact with their child in care, and face-to-face contact is impossible because of Covid-19, social workers will work with parents and carers to find alternatives, such as Zoom or WhatsApp.

 

All those who work in this area understand that, for a parent, this type of case is one the hardest things they’ll ever have encountered, as the stakes could not be higher.

 

If you are the parent of a child subject to the PLO process or a court application brought by a local authority, you are automatically entitled to legal aid. Contact a solicitor on the Law Society’s children’s panel to access expert legal help.

 

source: https://www.lawgazette.co.uk/practice-points/coronavirus-qanda-family-law/5104009.article

 

Wills & Lasting Powers of Attorney

 

WILLS

We can draft a will which allows you to set out exactly how you would like your assets distributed in the event of your death. This ensures that your wishes are adhered to when you pass on

 

LASTING POWERS OF ATTORNEY

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). There are two different powers – one for health and one for finance /property

 

Here at Saifee Solicitors, we can help you prepare any type of will or power of attorney. Please contact Husein on 07539 456 528 or 07908 414 420

#Solicitors #Leicester #Hounslow #Immigration #Wills&Probate #LegalAdvice #FamilyLaw #PropertyLaw #Matrimonial #SaifeeSolicitors

Different types of UK VISAS
  • Work Visas.
  • Business Visas.
  • Study Visas.
  • Visitor Visas.
  • Family Visas.
  • Settlement Visas.
  • Transit Visas.
  •  
  • What you need to do

    Check if you need a UK visa, apply, manage your application, biometric residence permits

  •  
  • EU, EEA and Commonwealth citizens

    Settled and pre-settled status for EU citizens, EEA family permits, UK Ancestry visa

  •  
  • Visit the UK

    Visit for a holiday, business or a short stay (up to 6 months), airport transit visas

  •  
  • Study in the UK

    Short-term study visas and visas for longer courses, degrees and independent schools

  •  
  • Work in the UK

    Paid and voluntary work, entrepreneur and investor visas

  •  
  • Family in the UK

    Partner, spouse and family member visas and permits

  •  
  • Live permanently in the UK

    Ways to settle in the UK and routes to British citizenship

  •  
  • Seek protection or asylum

    Claiming asylum as a refugee, the asylum process and support

  •  
  • Immigration appeals and status problems

    Appeal against a visa, settlement or asylum decision, immigration status problems

  •  
  • Travelling to the UK

    Moving your belongings, going through customs and tax

  •  
  • https://www.gov.uk/browse/visas-immigration
Wills and Probate

Life is very unpredictable and therefore, it is in the best interests of you

and your family to prepare for eventualities.

We, at Saifee Solicitors, can provide you full assistance with the following: –

#Solicitors #Leicester #Hounslow #Immigration #Wills&Probate #LegalAdvice #FamilyLaw #PropertyLaw #Matrimonial #SaifeeSolicitors

what is intestacy

Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration.[1] Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance.

Contents

History and the common law[edit]

Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the commonplace term covering testate and intestate estates in common law jurisdictions together with forced heirship rules typically applying in civil law and Sharia law jurisdictions. After the Statute of Wills 1540, Englishmen (and unmarried or widowed women) could dispose of their lands and real property by a will. Their personal property could formerly be disposed of by a testament, hence the hallowed legal merism last will and testament.

Common law sharply distinguished between real property and chattels. Real property for which no disposition had been made by will passed by the law of kinship and descent; chattel property for which no disposition had been made by testament was escheat to the Crown, or given to the Church for charitable purposes. This law became obsolete as England moved from being a feudal to a mercantile society, and chattels more valuable than land were being accumulated by townspeople.

Rules[edit]

Where a person dies without leaving a will, the rules of succession of the person's place of habitual residence or of their domicile often apply, but it is also common for the principality where the property is located to have jurisdiction regardless of the decedent's residence or domicile.[2] In certain jurisdictions such as FranceSwitzerland, the U.S. state of Louisiana, and much of the Islamic world, entitlements arise whether or not there was a will. These are known as forced heirship rights and are not typically found in common law jurisdictions, where the rules of succession without a will (intestate succession) play a back-up role where an individual has not (or has not fully) exercised his or her right to dispose of property in a will.

Current law[edit]

In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first or in major part to a spouse, then to children and their descendants; if there are no descendants, the rule sends you back up the family tree to the parents, the siblings, the siblings' descendants, the grandparents, the parents' siblings, and the parents' siblings' descendants, and usually so on further to the more remote degrees of kinship. The operation of these laws varies from one jurisdiction to another.

United Kingdom[edit]

England and Wales[edit]

In England and Wales the Intestacy Rules have been uniform since 1925 and similar rules apply in Northern Ireland, the Republic of Ireland and many Commonwealth countries and Crown dependencies. These rules have been supplemented by the discretionary provisions of the Inheritance (Provision for Family and Dependants) Act 1975 so that fair provision can be made for a dependent spouse or other relative where the strict divisions set down in the intestacy rules would produce an unfair result, for example by providing additional support for a dependent minor or disabled child vis-a-vis an adult child who has a career and no longer depends on their parent.

The rules of succession are the Intestacy Rules set out in the Administration of Estates Act and associated legislation. The Act sets out the order for distribution of property in the estate of the deceased. For persons with surviving children and a wealth below a certain threshold (£250,000 as from February 2009), the whole of the estate will pass to the deceased's spouse or also, from December 2005, their registered civil partner. For persons with no surviving children but surviving close relatives (such as siblings or parents), the first £450,000 goes to the spouse or civil partner (as from February 2009).[3] Such transfers below the threshold are exempt from UK inheritance tax.

If a person dies intestate with no identifiable heirs, the person's estate generally escheats (i.e. is legally assigned) to the Crown (via the Bona vacantia division of the Treasury Solicitor) or to the Duchy of Cornwall or Duchy of Lancaster when the deceased was a resident of either; in limited cases a discretionary distribution might be made by one of these bodies to persons who would otherwise be without entitlement under strict application of the rules of inheritance.[4]

For deaths after 1 October 2014, the current rules where someone dies leaving a spouse or civil partner are as follows:

  • If there are no children, grandchildren, or great-grandchildren then the spouse or civil partner inherits the entire estate.
  • If there are children, grandchildren, or great-grandchildren, the spouse receives the personal possessions and the first £250,000, then half of everything else passing under the intestacy rules. The other half passes to the children equally at 18, with provision for grandchildren whose parents have died before the intestate deceased.

In larger estates, the spouse will not receive the entire estate where the deceased left other blood relatives and left no will. They will receive the following:

  • all property passing to them by survivorship (such as the deceased's share in the jointly owned family home);
  • all property passing to them under the terms of a trust (such as a life insurance policy);
  • a statutory legacy of a fixed sum (being a larger sum where the deceased left no children); and
  • a life interest in half of the remaining estate.

The children (or more distant relatives if there are no children) of the deceased will be entitled to half of the estate remaining immediately and the remaining half on the death of the surviving spouse. Where no beneficiaries can be traced, see bona vacantia.

Scotland[edit]

The law on intestacy in Scotland broadly follows that of England and Wales with some variations. A notable difference is that all possible (blood) relatives can qualify for benefit (i.e. they are not limited to grandparents or their descendants). Once a class is 'exhausted', succession continues to the next line of ascendants, followed by siblings, and so on. In a complete absence of relatives of the whole or half-blood, the estate passes to the Crown (as ultimus haeres). The Crown has a discretion to benefit people unrelated to the intestate, e.g. those with moral claims on the estate.[5]

Canada[edit]

In Canada the laws vary from province to province. As in England, most jurisdictions apply rules of intestate succession to determine next of kin who become legal heirs to the estate. Also, as in England, if no identifiable heirs are discovered, the property may escheat to the government.[citation needed]

United States[edit]

In the United States intestacy laws vary from state to state.[6] Each of the separate states uses its own intestacy laws to determine the ownership of residents' intestate property. Attempts in the United States to make probate and intestate succession uniform from state to state, through efforts such as the Uniform Probate Code, have been met with limited success.

The distribution of the property of an intestate decedent is the responsibility of the administrator (or personal representative) of the estate: typically the administrator is chosen by the court having jurisdiction over the decedent's property, and is frequently (but not always) a person nominated by a majority of the decedent's heirs.

Federal law controls intestacy of Native Americans.[7]

Many states have adopted all or part of the Uniform Probate Code, but often with local variations,[8] In Ohio, the law of intestate succession has been modified significantly from the common law, and has been essentially codified.[9] The state of Washington also has codified its intestacy law.[10] New York has perhaps the most complicated law of descent of distribution.[11][12] Maryland's intestacy laws specify not only the distribution, but also the order of the distribution among family members.[13] Florida's intestacy statute permits the heirs of a deceased spouse of the decedent to inherit, in the event that the decedent has no other heirs.

 

source: https://en.wikipedia.org/wiki/Intestacy

 

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