What Happens Without a Will: UK Intestacy Rules Explained

If you die without a valid will in England and Wales, your estate is distributed strictly according to the Rules of Intestacy. These rules are set by law and don’t take into account personal wishes or the complexities of modern families.

Who Inherits Under Intestacy?

The way your estate is shared depends on your family circumstances at the time of your death:

• Married or in a Civil Partnership with Children:
  Your spouse or civil partner receives all your personal possessions, the first £322,000 of your estate, and half of anything left over. The other half is divided equally between your children, but they won’t receive it until they turn 18.

• Married or in a Civil Partnership without Children:
  Your spouse or civil partner inherits everything.

• Unmarried with Children:
  Your children inherit everything, shared equally and held in trust until they reach 18.

• No Spouse and No Children:
  Your estate passes to your closest relatives in a set order: parents, siblings, half-siblings, grandparents, uncles and aunts, and so on.

Major Problems with Intestacy

The intestacy rules can create real difficulties for many families. Unmarried partners, no matter how long you’ve been together, inherit nothing. Step-children are not recognised at all. If you’re separated but not divorced, your spouse could still inherit everything. You also lose the ability to choose who receives specific items or to appoint guardians for your children.

Real-Life Consequences

Without a will, your partner could be forced to leave or sell your shared home. Family disputes over sentimental items are common. Children might inherit large sums at 18, regardless of whether they’re ready. If you own a business, it could even be forced into liquidation.

The Solution

Making a will is the only way to ensure your wishes are respected and your loved ones are properly provided for.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.