Intestacy

If you die without making a Will then you die intestate and your estate is distributed according to a set of rules as shown below.

intestacy diagram

If you don't have a Will then the way that your assets and property will be distributed will be left up to the authorities (Laws of Intestacy 1925). The problem is that the intestacy laws were passed in 1925 and our social structures have changed considerably.

Unsurprisingly not many people want this to happen as it may result in a number of problems - not least the fact that a surviving spouse may have to share their inheritance with other relatives. If you're unmarried and don't have a Will these Laws may also mean that your partner inherits nothing at all. If you're single your money could actually end up going to the State.

The net result of dying intestate could be:

  • Your estate may not go where you think it will. Under intestacy Law the first £125,000 goes to the married partner, half the remainder goes to the children with the married partner retaining a life interest in the other half. No provision is made for partners or stepchildren.
  • Sorting out the estate may take a long time.
  • Sorting out the estate can be expensive in legal fees.
  • Your children may not have the person you wanted to act as guardian for them.
  • You lose the opportunity to give personal or sentimental gifts to special friends.
  • You lose the opportunity to make gifts to charities who may have been helpful to you and your family during your lifetime.
  • You miss out on the opportunity to safeguard some of your assets for your loved ones.

This was confirmed by the recent survey having questioned people who had recently experienced sorting out an estate for a loved one who had not made a Will. They also highlighted the stress placed on relationships. Clearly unmarried partners and stepchildren are left in a vulnerable position by not having a Will. Indeed after months of legal wrangling the banks or solicitors may be the major benefactors of your estate.

The message is loud and clear you need a Will and you need GOOD ADVICE.