The thought of passing away without leaving a clear will behind can be unsettling. In legal terms, dying without a will is known as dying ‘intestate’. The consequences of dying intestate can be complex and might not reflect your personal wishes regarding the distribution of your assets. Here’s what you need to know about the implications in the UK.
Distribution of Your Estate
If you die without a valid will, the distribution of your estate will be determined by the rules of intestacy. These rules set out a specific order for the distribution of assets, prioritising spouses or civil partners, children, and other close relatives.
Spouses and Civil Partners
Under the rules of intestacy, spouses and civil partners stand to inherit the majority, or even all, of the assets. This includes any savings, property, and other possessions. If there are no surviving children, grandchildren, or great-grandchildren, the spouse or civil partner will inherit everything.
Children
If there’s no surviving spouse or civil partner, the children will inherit the entire estate divided equally amongst them. If a spouse or civil partner does exist, children may still inherit a portion of the estate, but this depends on its value and which part of the UK you reside in.
Other Relatives
If someone dies intestate without a surviving spouse, civil partner, or direct descendants, other relatives may inherit. The typical order prioritises parents, siblings, nieces and nephews, and so on. However, if no relatives can be found, the estate goes to the Crown.
Unmarried Partners
Current intestacy rules don’t recognise cohabitants, no matter how long they’ve lived together. This means if you’re not married or in a civil partnership, your partner might not inherit anything unless there’s a will stating otherwise.
The Importance of a Will: A Real-life Example
Let’s consider Ms Davies, who lived with her partner for 20 years but never married. She also had a considerable amount of savings and owned a flat in London. Tragically, she died unexpectedly without having written a will. Despite her long-standing relationship, her partner received nothing from her estate due to the rules of intestacy. Instead, her distant relatives, with whom she had little contact, became the main beneficiaries.
Legal Complications and Delays
Dying without a will can lead to protracted legal complications. The process of administering an intestate estate can be more time-consuming, stressful, and expensive than if there was a will. It can also lead to potential disagreements among family members, further complicating matters.
Take Control of Your Legacy
Whilst it might be a topic many shy away from, writing a will ensures that your wishes are honoured and reduces potential distress for your loved ones. By seeking guidance from a professional will writer, you can ensure your assets are distributed according to your wishes, offering peace of mind for both you and your family. Get started today by taking 15 minutes to fill out our Will Info form.
