What is Partial Intestacy?
With an increase in the popularity of DIY wills, the industry is also seeing an increase in the number of incorrectly prepared documents which often unfortunately means that distribution of only a portion of the deceased’s assets are covered within their Will.
In these instances where a number of assets are not disposed of, the executors are forced to declare partial intestacy to the Probate Office.
This simply means that the Probate Office will of course insist that the remaining assets must be disposed of, following the normal English rules of intestacy which will dictate who will benefit and how much they will receive. Far from simply being bequeathed to the next of kin automatically however, this is unlikely to be a straightforward, quick process.
Partial intestacy can be easily avoided from the outset by not trying to complete the legal document yourself. It is instead recommended that you use the services of a professional will writer who will avoid ambiguous phrases such as “all my worldly goods” and “all my possessions” which can cause confusion and delay as part of the probate process.