Dying without a will - how would this effect you?

When a person dies without leaving a will they are said to die “intestate”. The rules of intestacy depend on your circumstances.

Below is a short summary of the Intestacy Rules.

If you are married or in a civil partnership and have children

  • Spouse/Civil Partner receives all personal possessions.
  • Spouse/Civil Partner receives the first £250,000 of the estate plus half of the remainder.
  • The other half goes to the children at age 18 or earlier marriage.

If you are married or in a civil partnership with no children

  • Spouse/Civil Partner gets the whole estate.
  • If you have no surviving Spouse or Civil Partner but you have children.
  • Estate goes to children equally at 18 or earlier marriage.

Children who do not survive to inherit

  • The grandchildren will inherit the share which they would otherwise inherited.
  • If the grandchildren have not survived then great grandchildren will inherit.

If you have no surviving Spouse or Civil Partner and have had no children

  • Estate goes to parents.
  • If no parents, then to brothers and sisters of the whole blood or their children.
  • Failing that to brothers and sisters of the half blood or their issue.
  • Failing that, to grandparents.
  • Failing that, to uncles and aunts of the whole blood or their children.
  • Failing that, to uncles and aunts of the half blood or their children.
  • Failing all that the estate goes to the Crown!!