What happens if you die without making a Will?

The Law Society has said that one in three people in the UK die without leaving a valid Will and half of all people aged 45 and over do not have a will. People cite many reasons why they do not have a Will, the most common being that they believe there is a high cost involved in making a Will or that they do not believe their affairs are complex enough to warrant the need for one. Leaving a Will is a simple procedure which needn’t be costly and can save love ones a great deal of worry at an already upsetting time.

When someone dies without having made a Will they are said to have died ‘intestate’ and there are intestacy laws governing how the affairs of the deceased should be dealt with.

Firstly, someone is appointed to oversee the affairs of the deceased. This is generally a trustworthy individual and they are granted probate by way of a Grant of Letters of Administration, this documents allows the chosen person to act in the same position as an Executor, had there been a Will. Of course, with a Will you are able to choose your Executor, if you die intestate your affairs may not be dealt with by the person you would have wanted.

Once probate has been granted the Estate is valued, it is then distributed according to a set of rules. In February this year these rules changed, allowing more of an Estate to go to a spouse or civil partner.

If you do not have children, £450,000 of your Estate is awarded to your spouse and the remainder is divided between your parents and your spouse. If your parents are deceased then the remainder is divided between your siblings and your spouse. If your siblings are deceased then the remainder is divided between your nephews and nieces and your spouse. If you have no living nephews and nieces then your spouse will receive your entire Estate.

If you do have children, £250,000 of your Estate is awarded to your spouse and the remainder is divided between your children.

If you do not have a spouse but do have children, the entire Estate is divided between them. If any of your children have died before you but had children of their own, their share is divided equally between their children.

If you do not have a spouse or children, the entire Estate goes to your parents. If your parents are deceased the Estate is divided between any siblings. If you have no siblings, your Estate goes to your grandparents. If your grandparents are deceased, then your Estate is divided between your aunts and uncles. If you do not have any aunts and uncles your entire Estate goes to the Crown.

All cases should be considered on their individual merits and you should seek legal advice and not take action on the basis of this brief explanation of Intestacy Laws.

Although a Will is important no matter what your circumstances, the consequences of not having a Will can be far worse when the deceased lived with a partner but was not married or in a civil partnership. If there are no close relatives then the whole Estate goes to the Crown which could mean an unmarried partner loses their home if it was solely owned by the deceased. In cases such as this, costly legal fees could be incurred when contesting the State’s decision.

Dying without a Will also means that you are unable to give to friends or charities. You may have personal wishes that someone should inherit a particular item and without a Will there is no way to guarantee this. You may also have specific requests for your funeral arrangements, these can be incorporated into your Will.

Although many people do not like to think about what will happen when they die, it is important to plan for the future. Making a Will now ensures that your wishes are carried out and saves your loved ones from unnecessary stress and worry in the future.

If you would like to speak to someone about making or amending a Will, please contact our Wills and Probate Department on 01244 312306.

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