What Happens if I Die Without a Making Will?

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If you don’t have a legally binding will in place before you die, the law of England and Wales will follow the rules of intestacy, a set of guidelines that decides who gets your assets.

When someone dies without writing a will, they are known as ‘intestate’. This name is also given to people who have a poorly written will that doesn’t cover their entire estate, or who write a will but don’t get it witnessed correctly to make it legally binding.

These rules are over 100 years old and do not consider modern family dynamics like unmarried couples, step-children, or your personal preference.

The Laws of Inheritance if There is No Will

In the case of being married or in a civil partnership without children, the surviving partner will receive the entirety of the inheritance. This rule applies even if the deceased person had stepchildren, as stepchildren are not entitled to inherit under the rules of intestacy.

When a person is married or in a civil partnership and has children, the surviving spouse or civil partner will inherit all assets up to the value of £322,000. If the estate’s worth exceeds £322,000, the partner will also receive 50% of the remaining assets, while the remaining portion is divided equally among their children.

It’s important to note that if any of the children have already passed away, their share can be inherited by their own children or grandchildren.

In situations where an individual is unmarried and has children or grandchildren, the estate is evenly divided among the children, excluding any stepchildren. If a child has already passed away, their portion can be inherited by their own children or grandchildren.

Lastly, for those who are unmarried and childless, the estate is inherited by close relatives in the following order:

  1. Parents
  2. Siblings
  3. Half-siblings
  4. Grandparents
  5. Aunts and uncles
  6. Cousins (children of aunts and uncles)

Financial Cost

In addition to outlining the distribution of your assets, a will also provides the opportunity to detail all your properties and accounts within a single, easy-to-understand document, preventing any omissions of undisclosed pensions or savings upon your passing.

Did you know, the average sum lost when an individual dies without a will in the UK amounts to a substantial £9500?

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