What Happens If I Die Without a Will?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general estate planning issues.

• Why is it Important to Write a Will?
• How Often Should I Update My Estate Plan?
• When Should I Consider an Estate Plan?
• What Are the Benefits of an Estate Plan?
• What Are the Rules of Intestacy?
• What is Partial Intestacy?

INTRODUCTION

In England and Wales, dying without a Will means your Estate will be distributed according to the rules of intestacy as defined by law.

This article explains what will happen to your Estate under the rules of intestacy and highlights the potential consequences of not having a Will.

For context, we recommend you read our related articles on writing a Will.

INTESTACY RULES IN ENGLAND AND WALES

In England, if you die without a valid Will, your Estate is distributed under the intestacy rules. These rules dictate a strict order of who should inherit:

• Surviving spouse or civil partner.

• Children (blood or adopted) of the deceased (if there is no spouse or civil partner).

• The parents of the deceased.

• Any siblings of the deceased (full siblings prioritised over half-siblings).

• Grandparents of the deceased.

• Aunts and uncles.

• Cousins of the deceased.

• The Crown (if there are no living relatives).

HOW WILL YOUR ASSETS BE DISTRIBUTED UNDER INTESTACY?

• For Married Couples or Civil Partners Under Intestacy: Depending on the size of the Estate and whether or not you have children, your spouse or civil partner may inherit the majority, if not the entire amount, of your Estate.

• If You Have Children: If your Estate is worth more than £270,000, your spouse or civil partner will receive the first £270,000 plus half of the remaining Estate. The remaining part of your Estate goes to your children when they are 18 (or marry younger).

• If You Don't Have a Spouse or Children: If you pass away intestate and are single and without children, your Estate may pass to other relatives such as parents, siblings, nieces, and nephews.

CONSEQUENCES OF DYING INTESTATE

• No Choice in the Distribution of Assets: Your personal wishes regarding your assets and instructions will be ignored. The State will decide on your behalf, irrespective of your relationships and personal wishes.

• Problems for Unmarried Partners: Under intestacy laws, unmarried partners are not automatically entitled to inheritance. This could result in financial difficulties, and you may need to resort to legal action.

• Delays and Unnecessary Stress: Your family may experience delays in gaining access to your assets due to the lengthy, complicated, and stressful process.

• Possibility of Family Conflicts: The lack of any Will could lead to misunderstandings and a feeling of unmet expectations. In turn, this could lead to family disputes, especially when relationship dynamics are not straightforward.

WHY YOU SHOULD HAVE A WILL IN PLACE

The only way to guarantee that your assets are distributed in accordance with your wishes is to create a Will.

With a Will, you can:

• Protect your assets.
• Appoint guardians for minor children.
• Guarantee your Estate is distributed according to your wishes.
• Prevent disputes.
• Provide financial cover for unmarried partners, friends, and charities.
• Lay out your funeral preferences.

Need to know more?

If you're interested in drawing up a Will, Squiggle can provide some clarity and direction, helping you to tailor a plan that suits the unique circumstances of your loved ones.

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.