Dying without a will is called “Intestacy”. In the event that intestacy happens then the law has a way to deal with it. I have attempted to make this is easy for you to understand.
If you ARE married or in a civil partnership when you die
All personal belongings and the first £322,000 of your estate will go to your surviving spouse or civil partner. Whatever remains will be split in half. The first half will go to your surviving spouse or civil partner. The second half will be divided equally between any children you have.
If you have children from a previous relationship, they may lose out.
If you are NOT married or in a civil partnership when you die
Your assets will be divided equally between types of family members in order of priority. If one type of relative is non existent then the rules move onto the next.
So for example, children are at the top of the list if there is no spouse or civil partner. If you have them, then your assets would be divided equally between them. If you have no children, then your parents are next in priority, and so on down this list:
- Children
- Parents
- Brothers/Sisters
- Half Brothers/Sisters
- Grandparents
- Aunts/Uncles
- Aunts/Uncles who are half-siblings with the particular parent.
If there are no surviving relatives beyond this then your assets will pass to the Crown.
Cousins are not included. Neither are step siblings. Or friends.
Think about the structure of your family. Is there anyone important that may miss out?
What about the children?
Intestacy could potentially have an effect your children if they are under the age of 18. What happens to your children depends on whether there is still someone else alive with parental responsibility over them This is regardless of whether you die without a will or not.
If there is someone still alive when you die that has parental responsibility, they will still have that responsibility. As a result, that person would likely end up being primary care provider, if they were not already.
Nothing will effect this unless the individual in question has had parental responsibility removed by the court.
If there is no one alive when you die that has parental responsibility, it will be left to the courts to decide who should look after them.
That may not be the people you would like them to be.
Is there anything you can do?
Yes. Write a will. Firstly, you’ll have piece of mind that your loved ones get exactly what you want them to get. Secondly, you will be able to appoint guardians over your children in your will. If you die, the guardians will have parental responsibility over them and have a duty to take care of them until they reach adulthood. But you must remember that this will only occur if there is no one alive with parental responsibility. Nevertheless, it is best to be prepared because no one knows what life will bring.
