There are many reasons why people don’t make a Will, but sadly, all too often it’s because they don’t realise the serious consequences of dying intestate. ‘Intestate’ and ‘intestacy’are the legal terms used to describe when a person dies without a legally valid Will.
The ‘rules of intestacy’ are a set of laws in England and Wales that guide what happens to a person’s estate when they die without a valid Will. Under these rules, only certain close family members can inherit from the deceased and in a very strict, inflexible way.
Who inherits is determined by a fixed set of criteria depending on your marital status and whether you have children, but to give you a few examples:
Your surviving spouse or civil partner will inherit everything up to the value of £250,000. If the total value of your estate is greater than £250,000, then the remaining value is split with half going to your spouse/civil partner, and the remaining half being split equally between your children. It’s important to note that step children, and partners you are not married to or in a civil partnership with, are not included in this as under the rules of intestacy, they do not inherit.
Your spouse or civil partner inherits everything.
Under the rules of intestacy, your children receive your entire estate, split equally between them. If any of your children have already died, grandchildren or great-grandchildren can inherit their parent’s share instead.
Your assets and possessions are passed on to the following people in order of priority:
This rule is an important consideration if you are in a relationship with someone you are not married to, and you would, for example, like them to keep the house you share together after you die. Without a Will, they may not be able to.
Stop putting it off and protect your loved ones
