What happens if you die intestate?

UK Intestacy law is very old-fashioned. It was written at a simpler time and therefore does not always adequately provide for families which include step-children or unmarried partners.

There is a strict order in which people inherit. If the deceased was married; their spouse inherits. If they were not married, but had children; the children inherit. If they were not married, and did not have children; their parents inherit. If they were not married, did not have children, and their parents had not survived; then their siblings inherit, and so on.

Why should people with children make Wills?

Appointing a guardian

In your Will you can name a guardian (or guardians) to look after your children if all their parents die before they reach the age of 18.

Step-Parents

If you have children from a previous marriage, but have remarried, you may not wish for your new spouse to inherit your entire Estate. Instead you might want to share the Estate between your spouse and children. Perhaps you would prefer to give your spouse a life interest in your home and hold the home on trust for your children to receive in future?

If you have step-children, you may wish to provide them with an inheritance, which is not provided for under intestacy law.

 

In terms of inheritance tax planning, for single people without children, it may not be efficient for your Estate to be paid to your parents. It might be preferable to leave an inheritance to other family members instead, particularly if your parents’ own estates are likely to be liable for inheritance tax, or if they are responsible for paying for residential care.

You may wish to provide an inheritance to nieces, nephews or godchildren, who would not automatically inherit from you otherwise.

Single people should also consider their instructions for their pets carefully. You will need to think about whether you know anyone who can care for your pet, or whether you have made arrangements for a charity to look after your pets. 

 

It is very important to remember that an unmarried partner will not automatically inherit from you. It doesn’t matter how long you have been in a relationship or lived together, or whether you have children together. The only way you can provide an inheritance for your partner is a) to marry them/ enter into a civil partnership or b) include them in your Will.

If you die without having made provision for your unmarried partner, they can apply to the courts to request a fair inheritance from your Estate. This is called making a 1975 Act claim for financial provision. 

This is a solution to an avoidable problem. You should consider carefully that significant legal fees may be incurred. It is much less expensive to make a Will providing for your partner in the first place.

Making a Will

The costs of making a will are usually covered by a fixed-fee. This firm charges £275 plus VAT for a basic Will, or £450 plus VAT for a set of basic, mirror Wills (as at 26/04/2023). If your instructions are complex, we agree a fee with you before beginning work, and confirm the quote in writing.

 

Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.