Over 60% of the UK adult population do not have a valid will. This
means that when they pass away their estate will be distributed
according to set of rules known as the rules of intestacy.
Intestate is the word for a person who
dies without a will, and also for the act of
dying without a valid will.
Who benefits under the rules of intestacy
depends on the size of the deceased
person’s estate and the family members
that survive them.
The rules of intestacy may not distribute
your estate the way you would have
done if given the choice. This can mean
that people who you would have wanted
to provide for may be left out, or people
that you would have preferred to exclude
will end up taking a benefit.
If you die intestate leaving behind a
spouse or civil partner and children, then
your estate will be distributed as follows:
Estate under £250,000:
Your spouse will inherit everything.
Estate over £250,000:
The spouse will receive all personal
chattels (these are ‘tangible movable
assets’ such as jewellery and furniture),
a legacy of £250,000, and half of what
remains of the estate.
The children will receive the other half of
the estate.
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The Society of Will Writers
This may not be appropriate – you may
have wanted your spouse to receive your
whole estate. It may also be inappropriate
to you if you and your spouse have
informally separated.
If you die intestate leaving behind an
unmarried partner and children, your
children will inherit your entire estate.
The rules make no provision for an
unmarried partner or cohabitant, so if
you are not married to your partner they
will be left with no provision from your
estate unless they apply to the courts
for provision under the Inheritance
(Provision for Family and Dependants
Act) 1975.
Example: Angela has been in a relationship
with her partner John for 20 years. They
live together but have chosen not to
marry. They have no children. Angela
dies intestate, so her estate is distributed
according to the rules of intestacy. As
she was not married to Barry he does not
inherit under her intestacy. There are no
children, and she has no parents living,
so her estate is distributed to her only
sister.
If you die leaving no blood relations your
entire estate passes as bona vacantia
(vacant goods) to the Crown.
Making a will is the best way to plan for
your estate and avoid any unintended
and unfair consequences.