WillsDying Without a Will

https://i0.wp.com/www.willwriters.com/wp-content/uploads/2018/07/Dying-without-a-Will.jpg?fit=1200%2C675&ssl=1

Over 60% of the UK adult population do not have a valid will. This means that when they pass away their estate will be distributed according to set of rules known as the rules of intestacy.

Intestate is the word for a person who dies without a will, and also for the act of dying without a valid will.

Who benefits under the rules of intestacy depends on the size of the deceased person’s estate and the family members that survive them.

This flowchart demonstrates who will inherit:

The rules of intestacy may not distribute your estate the way you would have done if given the choice. This can mean that people who you would have wanted to provide for may be left out, or people that you would have preferred to exclude will end up taking a benefit.

If you die intestate leaving behind a spouse or civil partner and children, then your estate will be distributed as follows:

Estate under £270,000:

  • Your spouse will inherit everything.

Estate over £270,000:

  • The spouse will receive all personal chattels (these are ‘tangible movable assets’ such as jewellery and furniture), a legacy of £270,000, and half of what remains of the estate.
  • The children will receive the other half of the estate.

 

This may not be appropriate – you may have wanted your spouse to receive your whole estate. It may also be inappropriate to you if you and your spouse have informally separated.

If you die intestate leaving behind an unmarried partner and children, your children will inherit your entire estate. The rules make no provision for an unmarried partner or cohabitant, so if you are not married to your partner they will be left with no provision from your estate unless they apply to the courts for provision under the Inheritance (Provision for Family and Dependants Act) 1975.

Example: Angela has been in a relationship with her partner John for 20 years. They live together but have chosen not to marry. They have no children. Angela dies intestate, so her estate is distributed according to the rules of intestacy. As she was not married to Barry he does not inherit under her intestacy. There are no children, and she has no parents living, so her estate is distributed to her only sister.

If you die leaving no blood relations your entire estate passes as bona vacantia (vacant goods) to the Crown.

Making a will is the best way to plan for your estate and avoid any unintended and unfair consequences.

 

*Article updated 03/04/2020 to reflect Intestacy Law changes.

The Society of Will Writers

Posting news, updates and guest content for The Society of Will Writers.

2 comments

  • Brian Morse-Glover

    3rd April 2020 at 11:01 am

    Hi there – just searching for an updated flowchart for intestacy rules having noted my one was outdated from the changes earlier this year – do we have an updated flow chart showing the increased value of assets passing to a spouse to £270k? If so, please would you send me it?

    I would also suggest this www page is updated?

    Regards

    Brian

    Reply

    • Anthony Belcher

      3rd April 2020 at 11:42 am

      Hi Brian, we do – I’ll email this over to you and update this page. Thanks!

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

About The Society of Will Writers

The Society of Will Writers is a non-profit making self-regulatory organisation whose primary objectives are the advancement, education and ethical standards within the will writing profession.

Contact Us

The Society of Will Writers
Chancery House
Whisby Way
Lincoln
LN6 3LQ

Tel: 01522 687888
Fax: 01522 694666
E-mail: [email protected]

SWW, logo, white, crest, seal, will, pen, quill, ink, paper, book, scales, legal, blue, gold,

Copyright by The Society of Will Writers. All rights reserved.
Registered in England and Wales. Company Number: 02918900.

Login

Register

If you have not been registered for the SWW members Area, please contact us. Your personal data will only be used for the purposes described in our privacy policy.

Already have account?

Lost Password

Please enter your username or email address. You will receive a link to create a new password via email.