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When an individual passes away without a Will, they are classed as an intestate person, which means they have no control over who benefits from their estate as the distribution is dictated by law.
However, this comes with the risk of your estate going to an unintended person, like an estranged spouse.
It is very important you understand how the rules of intestacy work and, more importantly, put measures in place to ensure your estate goes to your intended beneficiaries.
If you pass away without leaving a Will, the estate needs to establish facts about you. The need to know if you were married or in a civil partnership and the value of your estate.
If you are married, your spouse is first in line to receive your estate if you haven’t written a Will. However, this is where it can get difficult because if you have a new partner but are still married to a former spouse, the spouse will inherit your estate.
In this instance, your current partner would not benefit under the rules of intestacy, they would only inherit if you were married.
If you are married with children, the value of your estate comes into play. If your estate is worth £322,000 or less, your entire estate passes to your spouse. However, if your estate is worth more than £322,000, your spouse receives the first £322,000, with the remaining value split between your spouse and your children.
An important thing to remember is that the rules of intestacy do not account for stepchildren, meaning they will not be entitled to any part of your estate.
If you aren’t married or have no children, under the rules of intestacy, your estate will go to the next entitled member of your family who is alive.
In this instance, your parents would be first in line, followed by any brothers and sisters, then any half-brothers, then your grandparents, followed by aunts and uncles.
If your aunts and uncles predecease the intestate, your estate can pass to your cousins. Last in line would be any half-aunts or half-uncles, and similarly, your half-cousins can inherit should they be unable to.
If no living beneficiary can be found, your estate is passed to the crown.
Knowing the rules of intestacy is important because you need to be aware of what will happen to your estate if you haven’t put any measures in place.
A recent survey of cohabitees conducted by Will Aid has highlighted how very few people understand how the rules of intestacy work, with two-thirds saying they didn’t know what would happen to their estate if they didn’t leave a Will.
25 per cent assumed their estate would immediately pass to their partner and seven per cent thought close friends would inherit their estate.
The lack of understanding is a major concern because very few people understand the profound impact of intestacy. Without a Will in place, the rules of intestacy ultimately decide who inherits your estate.
The easiest way is to create a Will. Through writing a Will, you can clarify your intended wishes and plans.
A Will allows you to include all assets you want to bequeath and beneficiaries you want to receive a portion of your estate. As they are legally binding documents, your last wishes must be respected and carried out.
However, an important thing to remember is that any Will you create before getting married or entering a civil partnership is instantly revoked when you do tie the knot.
This means you will have to create a new Will once you are officially married and follow this same process if you marry on multiple occasions throughout your life.
It is essential you understand the rules of intestacy and put measures in place to protect your estate and this is where our expert team can help.
We will explain how the rules work, discuss estate planning measures and give you tailored advice and support so you can make the best decisions for your estate.
Don’t leave yourself in a position where your estate doesn’t pass to your intended beneficiaries.
Contact us for expert advice and support on all Wills matters.
Head of Wills, Probate and Older Client Services
I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.
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