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If you do not make a Will and you pass away, this is known as dying intestate which means that the law will decide what happens to your estate and assets.

The law only recognises your direct relatives, such as your spouse or your own children.  If you have a partner but are not married to them, they will not be recognised when distributing your estate under the intestacy rules.  If you have stepchildren who you see as your own, they will not be recognised either.

Rules of Intestacy

The rules of intestacy govern how your estate will be distributed if you die without having a valid Will in place and much depends on your personal circumstances.

Your estate would be distributed in the following order:

1. Spouse or civil partner (not including unmarried partners) though the distribution to a spouse or civil partner may also be affected by the size of your estate

2.Children (or the children of a late child) including adopted children but excluding stepchildren

3.Parents who are living

4.Siblings (or the children of a late sibling)

5.Grandparents

6.Aunts and Uncles (or children of late Aunts and Uncles)

If there are no surviving beneficiaries in a category, then the next shall take effect.  The above order is also used to establish who can be appointed as executor.

Married or in a Civil Partnership

If you do not have children, your spouse or civil partner will receive your estate in its entirety.

If you do have children, your spouse or civil partner will receive the first £322,000 of your estate; the remainder of your estate will be split as to 50% to your spouse or civil partner and the remaining 50% equally between your children.

If your estate is valued at under £322,000, your spouse/civil partner will receive everything even if you have children.

If you are single and have children:

Your own children will receive your estate in its entirety equally between them, though this would not include any stepchildren.

If any of your children had sadly predeceased you and have children of their own, their children would share equally the amount your child would otherwise have been entitled to.

If you are single and don’t have children:

Your estate is shared between your next closest blood relatives in order of priority as follows:

• • Parents
  • Siblings (or children of late siblings)
  • Grandparents
  • Aunts and Uncles (or children of late Aunts and Uncles)

If you do not have any blood relatives, your estate is passed to the crown

What happens to jointly owned property when there is no Will?

If you own a property with someone it can be held in two ways:

• • Joint tenants
    • If the property is held as joint tenants, it is not counted as part of your estate
    • If one person dies, the survivor automatically inherits the deceased’s share whether there is a Will or not
  • Tenants in Common
    • If the property is held as Tenants in Common, the survivor does not automatically inherit the deceased’s share. Instead, the deceased’s share passes under the intestacy rules

Who cannot inherit when there is no Will?

Anyone who is not a blood relative or who you were not in a legally recognised relationship with such as:

• • Unmarried Partners – the rules of intestacy do not recognise common law marriage
  • Relations by marriage e.g., stepchildren and all in-laws
  • Close friends

It is also important to note that if your Will does not dispose of your estate fully, for example, if the only named beneficiaries have predeceased you and there is nobody else mentioned to inherit, then the undisposed part of your estate will still pass under the rules of intestacy even though you have made a valid Will.  This could mean if you have specifically chosen to exclude people from your Will, they may inherit through these rules.

If you would like to discuss your estate and receive advice about how best to protect your estate and your family, please contact us for a free initial appointment.