Do you know what would happen to your money, property and possessions if you died without making a will? For most of us, writing will content isn’t high on our list of priorities. But if you knew what could happen when you die without making a will, you would realise that it could be one of the most important things you ever do.
Dying without leaving a will – which is known as dying intestate – has some very serious consequences, which all too often, people are unaware of. The intestacy laws which exist in the UK determine what happens to a person’s estate when they die intestate. These are strict rules which dictate who may inherit from a person in the absence of a will. And they may not operate in quite the way you assume they would.
The rules on who can inherit from you if you die without leaving a will, all depend on your marital status. What applies to a single person, doesn’t apply to a married person, and doesn’t also apply to those who are in a relationship, but not married. The following is what happens to your estate when you die without a will:
Some things you should know about intestacy
When you die without leaving a will behind, the only thing you can be guaranteed is that the laws of intestacy take effect. Intestacy just means you died without making a will.
Under the rules of intestacy, it is usually only a spouse who can inherit from you. If you do not have a spouse at the time of your death, then children, parents, siblings and a few other relatives are entitled to your money but the order in which they inherit is strictly determined by law, and is laid out below. If no surviving relatives can be found, including distant relatives, the government takes possession of your estate.
Whilst under the laws of intestacy your property might be shared to your relatives, it might not be in the way you would have done it, or to relatives you would not have chosen. It’s important to understand how the law would divide up your estate if you were to die without making a will. It is also especially important to understand how dying intestate affects a surviving partner if you are in a relationship, but not married.
Here are some of the most common scenarios:
INTESTACY AS A SINGLE, UNMARRIED PERSON
If you are unmarried and have no children, your money is automatically given to your parents, if they survive you, along with all of your property. In cases where both of your parents are no longer alive at the time of your death, your siblings are next in line to receive the proceeds of your estate. This also includes any half-siblings.
The money or property will be divided among them in equal parts, no matter how many beneficiaries there are. If you are not survived by parents, siblings or children of your siblings, then your mother’s closest relatives get half of the money or property, while the closest surviving relatives from your father’s side get the other half.
The last condition to this is that if you die and are survived by children, then the entirety of your money and estate goes to your children. All will have an equal share of your money and property. If they are no longer alive, then your inheritance would be passed to any surviving children that they had (your grandchildren). If you had two or more children, and one dies before you, and that child has a child or children, then the children of your child, as well as your other surviving children get the money, divided equally between them.
INTESTACY AS A MARRIED PERSON
Married partners or civil partners inherit everything you leave under the rules of intestacy, if your estate is worth up to £250,000. Note however that this only applies if you were actually married or in a civil partnership at the time of death. That means that divorced ex-partners have no rights to inherit from you under the rules of intestacy.
If however, there are surviving children and your estate is valued at more than £250,000, then your spouse or civil partner will inherit the first £250,000 of your estate, and all of your personal property and possessions, and half of the value of the remaining estate. The other half of your remaining estate after the first £250,000 has been taken out, goes to your children, divided equally between them.
INTESTACY FOR AN UNMARRIED PERSON IN A RELATIONSHIP
Most of the laws of intestacy have no provision for those who are unmarried, no matter how long they have been together, and no matter whether they have children together or not.
It should be noted however, that in the case of jointly-owned property, if both partners owned property or a bank account together then the remaining partner would automatically become the sole owner of the home or money that was previously jointly owned.
Despite this, it can be particularly distressing and heartbreaking for grieving partners to discover that they have no share or access to their partner’s money or possessions, when it is too late to do anything about it.
Writing a will is the easiest way to prevent this circumstance from occurring. Writing a will allows you to name whoever you like to inherit from you and ensure that your loved ones are taken care of after your death in the way you would like.
The importance of having a will cannot be understated. It allows you to take control of your estate and ensure that those you most wish to benefit from your estate after your death will be able to do so, without having to fight for it in the courts. Making a will is easy and needn’t cost a lot of money. Seek advice from a solicitor or professional will writing service if you don’t feel confident drafting your own will, as they are the experts when it comes to ensuring your final wishes become legally binding.
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