What happens if you die without making a Will

What happens if you die without having made a Will?

If you do not have a Will in place on your death then your estate must be administered in accordance with the rules of intestacy.

Only your husband or wife or civil partner and close relatives will be able to inherit your estate. A cohabitee has no rights under the rules of intestacy.

The estate will need to be divided as follows:-

• If you are married or in a civil partnership your spouse will receive your entire estate.
• But if you also have children, your spouse will receive your personal items and the first £250,000 of your estate. The remainder of your estate will be divided into two parts – the first part going to your spouse and the second part to be divided equally between your children.
• If you are unmarried but have children, they will receive your estate in equal shares.If they have predeceased you but have children of their own, their children or grandchildren (if their parent has died) will receive their share. This includes adopted children, but not step-children.
• If you are unmarried and you do not have children, then the following relatives will receive your estate in the following order of priority:-

1. Your parents,
2. If your parents have predeceased you, your brothers and sisters of the whole blood or their children if your brothers and sisters have also died before you,
3. If the above does not apply, then your half-siblings and if they have died before you their children,
4. If your siblings and half-siblings (and their children) have predeceased you, your grandparents,
5. If your grandparents have predeceased you, your aunts and uncles or their children,
6. If the above does not apply, then your aunts and uncles of the half blood or their children,
7. If none of the above applies, your estate will go to the Crown.

To ensure your estate passes in accordance with your wishes contact our Private Client Department to make a Will.