What happens when you die without making a Will?

Where there is no will When a person dies without making a Will, or has made a Will but the Will was classified as invalid they are said to have died ‘intestate’. When this happens the distribution of their estate will be determined by the Rules of Intestacy. Rules of Intestacy The rules of intestacy

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Where there is no will

When a person dies without making a Will, or has made a Will but the Will was classified as invalid they are said to have died ‘intestate’. When this happens the distribution of their estate will be determined by the Rules of Intestacy.

Rules of Intestacy

The rules of intestacy list a hierarchy of who will be entitles to the estate, in what order and by how much.

The people who can inherit under the rules of intestacy are:

  • Spouse
  • Children or grandchildren
  • Parents
  • Siblings
  • Grandparents
  • Uncles and aunts of full blood or their children
  • Uncles and aunts of half blood or their children

The people who cannot inherit under the rules of intestacy are:

  • Unmarried people
  • Lesbian or gay partners who are not in a civil partnership
  • Relations by marriage
  • Close friends
  • Carers

Entitlement to the Estate through intestacy

A person’s entitlement depends on if the deceased person left a surviving spouse or children.

If you die leaving a spouse and children your estate will be split up as follows:-

Spouse:            Personal belongings

The first £250,000.00 of the estate absolutely

Life interest in one half of the residue estate

Children:         Half the residue estate absolutely

The other half of the residue estate once the spouse dies

If you die leaving a spouse, no children but parents, brothers or sisters or their children your estate will be split up as follows:-

Spouse:            Personal belongings

The first £450,000.00 of the estate absolutely

One half of the residue estate absolutely

 

Parents:           The other half of the residue estate absolutely

 

If your parents have already died then:

 

Brothers & sisters:      The other half of the residue estate absolutely

 

If your brothers and sisters have already died but have surviving children then:

 

Nieces & Nephews:     The other half of the residue estate absolutely

If you die leaving children and no spouse your estate will be split up as follows:-

 

Children:         Receives whole estate absolutely

If you die leaving no spouse and no children your whole estate will be left to the following people in the following order:-

 

  1. Parents, but if none then to,
  2. Brothers and sisters of the whole blood, but if none then to,
  3. Brothers and sisters of the half blood, but if none then to,
  4. Grandparents, but if none to,
  5. Uncles and Aunts of the whole blood, but if none to,
  6. Uncles and aunts of the half blood, but if none to,
  7. The Crown

dmaxwell-sbAs you can see it is very important to make a Will  (why not visit our wills page to find out more about what we offer) otherwise your estate will be distributed via the intestacy laws. For more information about intestacy laws or making a Will please feel free to contact us.

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