What happens if there is no Will?

None of us like to think about death and dying, yet a Will is one of the most important things that you should have in place. Despite this fact, over half of UK adults (probably even more) do not have a Will. So, what happens if you or a loved one die without having made a Will?

If you die without a Will, then you are said to have died ‘Intestate’. This means that rather than your estate passing according to your wishes, your estate will be shared out by law according to the intestacy rules.

The intestacy rules can sometimes produce unexpected results and those that you may want or expect to inherit may be excluded or may not receive the full estate as intended.

If you have an unmarried partner, then it is particularly important that you make a Will. There is a common belief that there is such a thing as a ‘common law partner’, when in fact this is not something that is recognised under English Law. If you and your partner are not married and one of you dies without a Will, then your partner has no automatic right to benefit from your estate. Your estate will pass to your closest relatives and your partner of many years may be faced with the difficult choice of either coping with receiving nothing or potentially making a claim against your estate – which can be a lengthy, upsetting and stressful process with no guarantee of success.

Another common mistake is to assume that it is ok not to have a Will if you are married, because the everything will pass to your spouse anyway. This is not quite correct and actually, if you have a larger estate, then the operation of the intestacy rules may mean that some of your estate is given to your children instead. This may or may not be your intention!

If you are not married and do not have any children, then the intestacy rules may operate to pass your estate to more distant relatives. Sadly, it is not uncommon for an estate to pass under the intestacy rules to distant relatives that had no contact or relationship with the deceased.

Do you own a property perhaps with relatives or friends? Do you know what would happen to your share of the property if you pass away? The result will depend on whether you own the property as joint tenants (passes to other joint owners) or tenants in common (passes according to the Will or under intestacy rules). It is important that you have considered this and planned ahead.

I have made a Will – the above doesn’t apply to me…

If you have a Will in place, then PLEASE review it at least every few years and ensure that it is up to date. Circumstances change.

For example, if you made a Will some time ago, but have since married, then it is highly likely that your Will has now been automatically revoked. If you die without making a new Will, then you will also be treated as having died intestate. Please review your Will!

Have you separated or even divorced since making your Will? If you have separated but not legally divorced, then your ex-partner may still stand to benefit.
If you have divorced, then your ex-spouse will be treated as having died before you when the Will is interpreted. Does this produce the intended result? Please review your Will!

We can help you protect yourself and your family. Please contact Hayley Beeching our Consultant Solicitor on 02393552564 or by email on hayley@futuritywills.co.uk