What happens if someone dies without a will?

When someone dies without a will, the law decides who is entitled to their estate under the rules of intestacy. The rules dictate who will inherit, without taking into account your individual circumstances, so if you want your estate to go to the right people, it is vital you make a will to specify your wishes. It is also important to note that not having a will can cause additional stress for your loved ones and even family disputes, at what is already a difficult time.

 

What will your spouse inherit?

 

Under the rules of intestacy, if you are married or in a civil partnership at the time of your death, your spouse will inherit all your personal possessions and your assets up to the value of £270,000. If you have children, the remainder of your estate will be divided in half, with one half going to your spouse and the other half divided equally between your children. If you do not have children, your spouse inherits your whole estate.

 

If you live in London or the South East, the chances are the £270,000 won’t cover your share of your home - leaving your spouse in a position of not owning the whole house, let alone being able to inherit your other assets such as cash in the bank and your ISAs.

If you're buying or selling a property as part of your estate planning, you may also want to explore our conveyancing services, which can ensure a smooth legal process.

What about unmarried partners?

 

Unmarried partners, or partners not in a civil partnership, will not inherit under the rules of intestacy, no matter the length of the relationship or whether you were living together. This could well force them to make a claim against your estate which will only result in huge legal fees which will reduce the amount available for your loved one. The only way to guarantee your partner will receive anything from your estate is to have a written will, naming them as a beneficiary. You can speak to our Wills and Probate team to make sure your wishes are properly recorded.

Getting married? Update your will

 

If you already have a will in place, it is vital you update it when you get married. In England and Wales, the act of getting married invalidates any existing will and so, unless you make a new one, the rules of intestacy will apply. Not sure if your will is still valid? Get in touch with us and we’ll review it for you.

What will your children inherit?

 

If you have no surviving spouse, intestacy rules dictate that your estate is split equally between your children. While adopted children will inherit in the same way as biological children, neither stepchildren (unless legally adopted) nor foster children are entitled to inherit. If you want to ensure your foster children and stepchildren receive their fair share, you need to make a will.No spouse or children?

 

If you’re not married or in a civil partnership and do not have any children, your wider family will inherit your estate. Beneficiaries could include your parents, siblings, grandparents or aunts and uncles. In this situation, there’s a chance your estate could end up in the hands of a distant relative or estranged family member.

 

If you have no living relatives, you might wish to leave money to charity or friends. If this is the case, a written will is essential—as, without a will, your entire estate will be passed to the Crown. Our team of solicitors can help you put a will in place that reflects your true intentions.

 

Need help making a will or updating an existing one? Contact us today to arrange a no-obligation discussion with one of our experienced solicitors. You can also follow us on Facebook, Instagram, LinkedIn and X to stay up to date with helpful legal tips and news.

 

 

 

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