If you die without leaving a valid Will then you are described as having died “Intestate”. It is the Intestacy Rules that determine who gets what if you die without making a valid Will.
Here is a quick guide to the pecking order under the Intestacy Rules. This is a simple guide only and there may be exceptions to the general rules that are not set out. Professional advice should be taken before making a Will. It is easy to do and cheaper than you may think.
You are married and your Estate is worth less than £250,000;
Your surviving spouse (or civil partner) gets everything.
You are married and your Estate is worth more than £250,000 but you do not have any surviving relatives;
Your surviving spouse (or civil partner) gets everything.
You are married, your Estate is worth more than £250,000 and you have children;
The first £250,000 will go to the surviving spouse (or civil partner), but they will only receive a life interest in half of whatever is left over. They also receive the personal chattels. The other half will go to the children immediately, with the rest following when the life interest ends on the death of the surviving spouse (or civil partner).
If any of your children die before you, then their own children (your grandchildren) will share their parent’s share of the Estate.
You are married, your Estate is worth more than £250,000 and you don’t have any children but you do have surviving relatives;
The surviving spouse’s entitlement goes up to £450,000. Half of what is left also goes to the spouse with the other half going to the surviving relatives in the following order:-
- Parents
- Brother or sisters (of the full blood) or their children
- Half brothers or sisters (of the full blood) or their children
- Grandparents
- Uncles or Aunts (of the full blood) or their children
- Half uncles and aunts (of the full blood) or their children
You are not married but have children;
Your children will inherit. If a child has died before you, then their children will share their parent’s share.
You are not married and have no children;
Your surviving relatives will inherit in the following order:-
- Parents
- Brother or sisters (of the full blood) or their children
- Half brothers or sisters (of the full blood) or their children
- Grandparents
- Uncles or Aunts (of the full blood) or their children
- Half uncles and aunts (of the full blood) or their children
If you have no surviving relatives as referred to above, then everything will go to the Crown!
Other things that you should consider about the effects of dying without a valid Will are that if any of the following circumstances apply to you, then the Intestacy Rules may not cater for your situation in the way that you would wish:
- You are living together but not legally married (or in a civil partnership) but wish your partner to inherit some or all of your Estate;
- You are legally married (or in a civil partnership) with children, and you want your spouse/civil partner to inherit all of your Estate;
- You are legally married (or in a civil partnership) but you do not want your spouse/civil partner to inherit anything;
- You are legally married (or in a civil partnership) and have children from a previous relationship and you would like to ensure that your children receive something from your Estate;
- You have dependant relatives such as children under 18, or elderly relatives with a disability who have special needs and you wish to ensure that they are looked after and provided for. (If you make a Will you can appoint guardians to look after your minor children and to set up Trusts in the Will to financially support dependants).
- Your Estate is large and may be liable to Inheritance tax and you may wish to incorporate Inheritance tax planning.
If someone you know has died without a valid Will or you have any questions about Intestacy, the Administration of Estates, Wills or Inheritance Tax please contact us for advice at the following offices.
Canford Cliffs 01202 709898
Ringwood 01425 484848
Swanage 01929 422233
Email: assist@ellisjones.co.uk
