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Dying without a Will (intestate) means:   Your family will be left to sort out the administrative details of your death.  They will not be able to decide what happens to your estate as it will be administered in accordance with strict rules and regulations known as 'Rules of Intestacy'. A legal professional may have to be enlisted to assist them with this. Neither yourself or your family will have any control over what happens to your estate and it will not automatically be divided between members of your family. You will not be able to make sure that particular gifts are left to the right friends, family and charities.

 

Married  

If you are married and you do not have a Will the amount your spouse can inherit is limited by the Government.  

  • If the estate is worth less than £125,000 your spouse will receive everything. 
  • If it is worth more and there are no children or relatives, your spouse will receive everything and inheritance tax will be payable on everything over £242,000.
  • If there are children then your spouse will receive £125,000 plus personal chattels and the rest of the estate is divided into two. The children receive one half and the other half is held on trust. The spouse then receives income arising from that trust over his or her lifetime.
  • If there are no children, then the spouse is entitled to the first £200,000, plus personal chattels and the rest of the estate is divided  into two. The parents (or brothers and sisters) receive one half and the other half is held on trust. The spouse then receives income arising from that trust over his or her lifetime.
  • If there is no spouse and no living relatives then the estate will automatically go to the Crown.

 

Divorced   If you are officially divorced, i.e. you have your Decree Absolute, then your Will will be executed as if you were a single person. If you are in the process of obtaining a divorce when you die and do not have a Will to state otherwise, you will be classified as still married and therefore your Will will be executed as if you are still married.

 

Co-habiting   When you live with a partner for a few years, they become your common law husband or wife.  Common law wives and husbands do not have the same rights as a married person and if you do not have a Will then your estate will be divided up as if you were a single person. In other words if you are not married to your partner, they will get nothing unless you write them into your Will.

This also goes for couples of the same sex who live together.

 

Single   If you are single and die intestate, then there is a chain of people who will inherit. In the first instance everything will go to your children, if you have no children, then it will be your grand children, if you have no grand children, then it will go to both your parents, if your parents are no longer alive, then it will go to your brothers and sisters, and if you have no brothers and sisters, it will go to your nieces and nephews. If you have no nieces and nephews then it will go to your grandparents, then aunts and uncles and lastly cousins.

If you have no family members whatsoever then your estate will go to the Government.