Wills and Succession Planning
- > What happens if I die without leaving a Will
- > Wills For People Marrying A Second Time
- > Jointly Owned Property and Wills
- > Pensions and Spousal By-Pass Trusts
- > Guardians of Minor Children
- > Inheritance Tax And The Family Farm
- > Wills and Succession Planning Terms Explained
- > People Involved in Making a Will
What happens if I die without leaving a Will
If somebody dies without leaving a Will they are said to die Intestate. Their estate is then distributed in accordance with strict statutory rules. Statutory legacies are paid to surviving spouses or civil partners. The amount received depends on whether or not the deceased is survived by children (or their children), by parents or by brothers and sisters (or their children).
From 1st February 2009 the statutory legacies are as follows:-
- Where the deceased is survived by a spouse/civil partner AND children the amount is £250,000.
- Where the deceased is survived by a spouse/civil partner AND parents or siblings but NO children, the amount is £450,000.
Where the value of the deceased’s estate falls below the levels above, it will pass in its entirety to a surviving spouse/civil partner.
Where the value of the deceased’s estate exceeds the above amounts, the rules on distribution are summarised below:-
Where the deceased is survived by a spouse/civil partner AND children:-
- The surviving spouse/civil partner takes the personal chattels AND from 1st February 2009 the first £250,000 together with a life interest in half of the remainder.
- The other half of the remainder passes to the children of the deceased equally (and is paid out to them when they reach 18). The half held on life interest for the surviving spouse/civil partner is also divided equally between the children on the survivor’s death.
Where the deceased is survived by a spouse/civil partner and NO children but parents or siblings:-
- The surviving spouse/civil partner takes the personal chattels AND from 1st February 2009 the first £450,000 and half of the remainder
- The other half of the remainder passes to the parents of the deceased equally or, if they have died previously, to the siblings of the deceased ( or their children) equally. It should be noted that ‘half’ brothers and sisters are treated differently from full brothers and sisters.
Where the deceased is survived by a spouse/civil partner and no children, parents or siblings:-
- In this case the surviving spouse takes everything.
Where the deceased is survived only by children:-
- In this case the children take everything between them equally.
Where the deceased dies with no spouse/civil partner and no children:-
- In this example it is necessary to follow a strict list of other relatives in order to determine who takes. In the event that no relatives are found the estate passes in full to The Crown.
If you have family you wish to protect, it is essential that you make a Will so that the intestacy rules do not apply.
If you are not married but live with your partner, it is essential that you make a Will because your partner will have no automatic rights to inherit from you on your death if you die intestate.
If you do not have family you wish to provide for, you should make a Will setting out who is to inherit your assets (perhaps friends and/or charities).
As part of the Will making process you can also choose the person or persons (“executors”) who are to be responsible for settling your affairs on your death. If you do not make a Will the law decides who will do this.
It should be noted that some assets (typically jointly owned assets, pension funds and life assurance policies written in trust) will not necessarily pass in accordance with intestacy rules. Proper legal advice is imperative.
For further information about making a Will contact a member of our Wills and Succession Planning team.
Quick contact
- Please call 0845 603 1057
- Send us a quick enquiry >
- Email us >
- Meet the Wills and Succession Planning team >
Testimonials
From my own experience in the profession I know that standards vary a good deal, and it is a worry that busy practitioners may sometimes not keep abreast of all relevant developments in law and practice. Thus it was a great comfort to know that the partner with whom my wife and I were dealing (Sarah Bogard) was not only on the same wavelength and pleasant to boot, but thoroughly up to date, and to be confident that the advice we were given would take into account all of the latest thinking in her field.
October 2010
Mr A of Essex - Client of Sarah Bogard
Although I was writing a simple Will, the service I received was all-encompassing, and extremely professional. I will use Furley Page in the future, for legal advice as their costings were reasonable and they explained everything in both layman's terms, as well as in legal terms.
Mrs W, Client of Sarah Bogard - Aug 2010
Furley Page is recommended by The Legal 500 for expertise in advising on Personal Tax, Trusts and Probate.
The Legal 500 2011 : Private Client - Personal Tax, Trusts and Probate
- Services for Individuals
- Services for Business
- Services by Sector
