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What Happens When You Die Without a Will?

17 February 2025

When you pass away without a will, it’s called dying “intestate.” This means your estate and assets will be distributed according to strict legal rules, rather than based on your personal wishes. The legal process that governs this distribution

What Does “Intestate” Mean?

Dying intestate simply means you didn’t have a will in place. Without this legal document, there’s no clear guidance on how your estate should be divided. Instead, the distribution will follow established legal procedures. While a will still goes through probate (the legal process of administering an estate), having a will generally makes everything smoother and faster.

Probate courts are responsible for overseeing the distribution of estates, including those of individuals who die intestate.

Who Inherits Under Intestacy Rules?

The way your estate is divided depends on your family situation at the time of your death. Here's a breakdown:

Married or in a Civil Partnership (With Children)

• Spouse/Civil Partner: Inherits all personal possessions and the first £322,000 of the estate.
• Remaining Estate: Half goes to the surviving spouse, and the other half is split equally among your children. If your children are under 18, their share will be held in trust until they reach adulthood.

Married or in a Civil Partnership (Without Children)

• Spouse/Civil Partner: Inherits everything, no matter the estate's value.
• Other Relatives: Receive nothing, as the spouse is the sole beneficiary.

Unmarried with Children

• Children: Inherit the entire estate in equal shares.
  • If a child has passed away, their share is passed to their children (your grandchildren).
  • Any child under 18 will have their inheritance held in trust until they are of legal age.

Unmarried Without Children

• The estate is divided among the following relatives in this order:
  1. Parents
  2. Siblings (if a sibling has passed away, their children inherit their share)
  3. Half-siblings
  4. Grandparents
  5. Aunts and uncles (or their children if they have passed away)
  6. Half-aunts and uncles
• If no relatives can be found, the estate goes to the Crown.

Who is Left Out?

Under the Intestacy Rules, some individuals you may be close to won’t inherit anything, regardless of the relationship. These include:

• Unmarried Partners (cohabiting partners or common-law spouses)
• Stepchildren (unless legally adopted)
• Friends or Carers
• Charities

What About Joint Assets?

Certain assets automatically pass outside the estate under intestacy:

• Joint Bank Accounts: These pass directly to the surviving account holder.
• Jointly Owned Property:
  • Joint Tenants: The surviving co-owner inherits the property automatically.
  • Tenants in Common: The deceased's share becomes part of their estate and is distributed according to the Intestacy Rules.

The Legal and Financial Consequences of Dying Intestate

Dying without a will can lead to challenges for your loved ones:

• Longer Probate Process: Determining the rightful heirs can delay the process.
• Family Disputes: Disagreements over inheritance can cause legal battles.
• Inheritance Tax: Without planning, your estate may face higher tax liabilities.

How to Avoid the Issues of Dying Intestate

To ensure your estate is distributed according to your wishes, consider these steps:

• Make a Will: Work with a solicitor to create a legally valid will.
• Update Your Will: Keep it current, especially after major life changes like marriage, children, or financial shifts.
• Estate Planning: This helps reduce tax liabilities and protect your loved ones.

By planning ahead, you can save your family from stress, delays, and financial uncertainty. Taking action now ensures that your estate goes to those you care about most.

If you’d like more information on creating a will, contact one of our experienced solicitors who can assist you.

Please note, this blog is not legal advice but aims to provide general information on this topic.

 

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