The Traitors Through The Eyes of a Private Client Lawyer

Given the risk of being killed by the Traitors, one would hope that the Faithfuls have made a Will to dictate how they would like their assets (or their 'estate') to be dealt with. 

Having a Will is important as it allows you to not only choose who you would like to be responsible for dealing with your estate but also determine which of your family, friends or other organisations, such as charities, will benefit from it.

Making a Will can allow you to protect vulnerable beneficiaries, such as minors, those with disabilities or those who are vulnerable or on means-tested benefits, by putting assets into trust and can help to ensure you make full use of available inheritance tax reliefs to pass assets in the most tax efficient manner.

If any Faithfuls did not make a Will, the distribution of their estate will be determined by the intestacy rules whereby the estate is distributed depending on the relatives that survive them and the value of the estate. This could result in someone you did not intend receiving a benefit from your estate or a greater share than envisaged; for example, you may wish for all of your assets to pass to your spouse rather than a combination of spouse and children, or you may have wished to benefit your children unequally to reflect relationships or need.

It could also result in non-biological relatives such as cohabitees or step-children being unable to benefit as intended. It can also lead to disputes between family members and unnecessary inheritance tax being due, thus depleting the amount passed to the intended beneficiaries.

It is always best to have a Will in place to ensure your assets pass as you choose, and this should be reviewed every 3-5 years and at significant points in your life (e.g. on marriage, divorce and the birth and death of relatives).

If the Faithfuls chosen for ‘murder’ really were deceased, someone would need to take on the role of dealing with the deceased’s affairs. Generally, these would be named individuals (known as ‘executors’) who would be appointed in the Will or, if no Will was made, the law determines who can administer the estate depending on what relatives survived the deceased.

As well as obtaining the death certificate and arranging the funeral, the initial key considerations:

• Find the Will. As above, you need to establish if the deceased had a Will and where the Will is located in order to determine who deals with the estate and who benefits from the assets.
• Establish the assets and liabilities the deceased had and make sure they are protected. You need to understand the affairs of the deceased to be able to properly deal with them. This will include securing possessions and checking the house insurance remains valid, particularly if the property is now unoccupied.
• Ascertain whether probate is required. If the deceased had assets in their sole name, an application to the probate registry may be required for a Grant of Representation. This is a document which confirms the validity of the Will (if the deceased had a Will) and the named person's authority to deal with the estate and collect assets. If you’re unsure whether probate is required, a professional can help review matters.

• Consider Inheritance Tax. When a person dies, a charge to inheritance tax may arise on assets in their estate, gifts made in the 7 years prior to death and potentially on trust assets. Inheritance Tax is due six months after the end of the month of death, after which interest is payable. It is important to utilise and claim all Inheritance Tax reliefs to prevent unnecessary tax and a professional can help you ascertain this.

It would seem unjust if an individual could benefit from the estate and receive an inheritance from the person they have murdered.

Section 1 of the Forfeiture Act 1982 recognises this and prevents a person from benefitting from the estate of a person they have unlawfully killed. This would prevent a Traitor from being able to benefit from the assets of a faithful they ‘murdered’.

Although the Court does have the power to vary this rule if the outcome would appear to be unjust, this does not apply to murder and has more recently been invoked in death by dangerous by-driving cases.