What’s Intestacy?

If when you die you have not made a Will, you are said to die “intestate”. All your money and property is then divided in line with rules set by the law and Government. We often hear it said that on intestacy your property automatically passes to your surviving spouse. This is sadly rarely the whole truth. The basic rules are set out below and there is a certain logic to them, but because these are general rules for everyone, they may be contrary to what would be best for you and your family.

Married Person with children

• Spouse gets everything up to *£250,000 and personal possessions
• Anything remaining is divided into two
  • Half to children at 18 years or earlier marriage
  • Half in trust during spouse’s lifetime – he or she gets the income. On spouse’s death this half goes to the children

If a child predeceases, leaving a child (grandchild). This child will take the share (and if more than one in equal shares) his, her or their parent would have taken.

Married Person, no children

• If there are parents, brothers or sisters of the whole blood, nephew or nieces
  • Spouse gets everything up to *£450,000 and personal possessions
• Anything remaining is divided into two: -
  • Half of this goes to spouse
  • Half to parents. If no parent living then it goes to brothers or sisters or their children

Married Person, no parents, brothers or sisters of the whole blood, nephews or nieces

• Spouse takes whole estate

Unmarried person with children

• Estate goes to children at 18 years or earlier marriage
• If a child predeceases, leaving a child, that child takes the share (and if more than one in equal shares) his, her or their parent would have taken.

Unmarried person with no children

• Estate goes to parents
• If none then to siblings of the whole blood or their child
• If none then to siblings of the half blood or their child
• If none then to grandparents
• If none then to uncles and aunts of the whole blood or their child
• If none then to uncles and aunts of the half blood or their child
• If there are no parents, siblings (whole or half blood), issue of siblings, grandparents, uncles or aunts (whole or half blood) or issue of uncles or aunts, estate goes to the Crown (or Duchy of Lancaster or the Duke of Cornwall).

*Please note these figures can change year on year. The figures shown apply for deaths on or after 1st February 2009.

Also as you can see, the cut off figures set out above are not that high bearing in mind how much your home might be worth if that falls into your estate and any other assets that you might have.

In short, if you don’t make a Will there is no guarantee that your estate might pass to people that you don’t even know. It certainly makes you think that it might be worth spending a little bit of time making a Will.