If you die without making a valid Will, you have died intestate, and your estate will be administered and distributed in accordance with the intestacy rules. The intestacy rules impose a strict hierarchy of both your beneficiaries and those entitled to handle your estate after you have died. More often than not, the intestacy rules mean that someone other than your chosen beneficiaries will inherit your estate. If you have died and you are survived by a spouse or civil partner and you do not have any surviving children, your spouse or civil partner will inherit your entire estate. |  |
What Will Happen if I Don't Have a Will?
If you have died and you are survived by both a spouse or civil-partner and your children, then your estate will be divided as follows;
- Your surviving spouse or civil partner will receive the first £270,000 of the estate (which is known as a Statutory Legacy) and all of your personal possessions
- Your surviving spouse or civil partner will also receive half of the remainder of your estate.
- The remaining half of your estate will then be divided between your surviving children.
If you are not survived by a spouse or civil partner but you are survived by your children then your estate will be divided between your children equal shares. If however, those children have died before you but are survived by their children, then their share will pass directly to their children.
If you have a partner, but you are not married or in a civil partnership they cannot inherit under the laws of intestacy in the UK.
If you are separated but not divorced, your spouse or civil partner can still inherit.
If you have divorced or dissolved your civil partnership your ex-spouse or ex-partner cannot inherit under UK intestacy rules.
If you are not survived by a spouse, civil-partner or children, then your estate will pass to your parents. If however, your parents have died before you, your estate will pass to your siblings and if you are not survived by siblings to remoter family. If you are not survived by any relatives, your estate is likely to pass to the crown.
It is always therefore a good idea to make a Will to make sure that those that you want to benefit from your estate, inherit and that those you don’t want to inherit, won’t.
Expert Advice on Wills & Probate
If you would like to discuss making a Will or you need assistance with an intestate estate please contact Jasmin Howlett at jasmin@fairstep.co.uk or 01394 277 941 or fill out our contact form and we would be happy to discuss your requirements in further detail. Our team of Suffolk-based solicitors are always on hand to offer expert advice and legal support.