If you die without making a Will, your estate will be
dealt with according to the laws of the intestacy. This
is where the term someone dying “intestate” comes
from. The laws of intestacy set out a hierarchy of
distribution of an estate where a person dies without
making a Will.
Only married or civil partners and some other close
relatives can inherit under the rules of intestacy. For
unmarried couples, same-sex couples not in a civil
partnership, those who have recently divorced, no
longer in a civil partnership, relations by marriage
i.e. stepchildren or cohabitees are not automatically
entitled to inherit anything from the deceased’s
estate. For those couples who are separated but
still not divorced or divorce proceedings have not
completed, the ex-partner could still inherit.
INTESTACY RULES
Surviving spouse but no children:
Where there is a surviving spouse but no children,
the spouse inherits everything.
Surviving spouse and children
Where there is a surviving spouse and children, the
intestacy rules will share the estate as set out below.
The spouse of the deceased will receive everything
up to the value of £250,000 including personal
chattels.
Anything in addition to the £250,000 is divided in
two. Half will go to the spouse and any children will
receive the other half when they reach the age of 18.
Children but no partner
If there are children but no married or civil partner, the
children will inherit everything and all proceeds will
be equally split between them. “Children” includes
adopted children but not stepchildren.
No partner and no children
The estate will fall to the deceased’s parents. If the
parents of the deceased have themselves died, the
assets will be allocated in the following order:
•
•
Brothers and sisters (or nephews and nieces if
the sibling has died)
Grandparents
•
Uncles and aunties (or cousins if the uncle or
aunt has died
Failing the above, the estate goes to the Crown
which is known as “bona vacantia.”
If the home is jointly owned, the deceased’s share
will automatically pass to the surviving partner by
way of survivorship.
WHAT HAPPENS TO JOINT
ASSETS UNDER INTESTACY?
If the home is owned as tenants in common, the
survivor isn’t automatically entitled to inherit the share
of the property and therefore the deceased’s share
will pass in accordance with the laws of intestacy.
Couples may own joint bank accounts or building
society accounts. The survivorship rule applies in
this instance also where the surviving partner will
automatically inherit all the money in the account.
Quite simply, the rules of intestacy may not distribute
the estate in the most tax efficient way or in a way the
deceased would have done if given the choice. The
effect of this would mean people who the deceased
may have wanted to provide for won’t be, or worse
still, people that the deceased would have wanted
to exclude from inheriting any of the estate, could
inherit under the laws of intestacy.
Take, for example, a couple who have legally
separated but not divorced. If Mr dies without a Will,
Mrs will inherit the estate when Mr may not have
wanted this at all. A Will prevents a scenario like this
from arising.
There is a common misconception that you only
need to make a Will when you are “of age” which
simply is not the case. You should make a Will where
you are married, have children, have a positive net
worth or in a civil partnership.
Making a Will is one of the most important things you
can do because it allows you to decide how your
assets will be distributed and to whom on your death.
Not only does a Will enable you to do this, but also
to make provisions for your children by appointing
guardians, provisions for pets, gift personal items to
loved ones and donating to a charity by appointing
responsible and trustworthy executors who will deal
with your estate in accordance with your wishes.
Contact one of our members today to make your Will.
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the society of will writers