If you’ve planned your affairs well, you have a Will, but what happens if you don’t have one? The answer is that you’re declared intestate when you die.
“Intestate” refers to not having a valid Will, either because you haven’t made one or because it’s ruled as invalid for some reason during Probate. If this happens, the Crown (effectively the government) will divide your estate between your closest relatives, according to a set formula.
This could mean, for example, that your family home will have to be sold and the proceeds divided up, whereas you could have specified in a Will that it should remain in the family. Contact us to find out how to make sure you avoid dying intestate by making a Will.
Who Inherits Under the Intestacy Rules?
Under the intestacy rules in England and Wales, your estate passes to your closest relatives in a set order: spouse or civil partner first, then children, then parents, then siblings. If you have a spouse and children, the rules split the estate above a certain threshold between them — which may not reflect your wishes at all.
Cohabiting partners receive nothing under intestacy, no matter how many years you have been together. The same applies to close friends, step-children who have not been formally adopted, and anyone else you may have wanted to provide for. A professionally written Will is the only way to make sure the right people benefit from your estate.
Our will writing service covers everything from straightforward single Wills to mirror Wills for couples. It is also worth considering whether a Lasting Power of Attorney should sit alongside your Will. Get in touch for a free initial consultation. We offer a relaxed, no-obligation chat to help you understand your options before you commit to anything.
