Published on: 16th September 2024

What happens if you die and do not have a Will In place?

We can all find ourselves busy with life, and getting a Will made is often one of those jobs that keeps getting put off. However, if someone dies without a Will, they die ‘intestate’. But what exactly does this mean, for the family, friends, and assets of the individual who has died without a Will?

The rules of intestacy dictate that should someone die without a Will, their assets will be distributed according to the rules of intestacy, rather than the individual’s wishes (which might not necessarily be the same). For example, married and civil partners of deceased individuals inherit under the rules of intestacy (although the amount might be capped if there are children), but if there is no surviving married or civil partner, then the children of the individual who has died will inherit instead. If there are no surviving relatives, then the estate passes to the Crown.

There are some people who, according to the rules of intestacy, have no right to inherit should someone die without a Will. These include:

• ‘Common law’ partners
  
  
• Partners not in a civil partnership
  
  
• Relations by marriage
  
  
• Close friends
  
  
• Carers

Most people have a general idea of what they would like to leave to their loved ones after they die. To ensure that you are able to leave what you have to those you choose – including anyone who cannot inherit under the rules of intestacy – it is important that you have a carefully written Will. This ensures that your assets, property, and personal belongings are distributed as you wish to the people (or organisations) that you would like. This also includes sentimental items, which may have no monetary value, but which could be valuable to specific individuals, such as items that have been passed down the family generations.

Having a clear Will can help to avoid surviving family members having arguments over who gets what and when. It can also alleviate some of the stress associated with worrying about loved ones when you die, knowing that they are supported as you would wish. Furthermore, there may be a reduction of the tax to be paid on your assets. A thorough and well-planned Will can give peace of mind both to you and your family.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other estate planning topic please telephone 01732 868190 or click here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover. To see the areas we normally cover please click here.

To arrange an appointment please telephone 01732 868190 or click here.

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