Making a Will is one of the simplest ways to make sure your wishes are known and that your money, property and possessions are left to those you wish to inherit. But what happens if you die without a Will?
If you die without leaving a valid Will, the law determines who inherits your estate under the Intestacy Rules. This can result in your estate passing to the people you might expect.
In this guide, we explain what happens if you die without a Will, who can inherit under the Intestacy Rules and what this could mean for spouses, children and long-term partners or cohabitees.
So What happens if I die without a Will?
If you die without leaving a valid Will, you are said to die ‘intestate’, and your estate (possessions, money, property etc) will be distributed by way of the Intestacy Rules.
These rules also apply where you leave a valid Will, but it does not distribute all their estate. For example, where all named beneficiaries have died and no substitute beneficiaries have been nominated within the Will. This is known as a ‘partial intestacy’.
Who benefits from my estate according to the Intestacy Rules?
The order of priority on intestacy is set out in Section 46 of the Administration of Estates Act 1925 (AEA 1925), as amended.
The current intestacy rules state that, initially:
- Where there is a surviving spouse and no children, the spouse is entitled to the entire residuary estate.
- Where there is a surviving spouse and children, the spouse is entitled to the ‘personal chattels’ (movable property, but not money) of the deceased and a statutory legacy (currently £322,000 including interest from the date of death). The residuary estate, if any, is then divided equally between the spouse (50%) and the children (50%).
Please note there is a ‘survivorship period’ imposed for a spouse (a time in which they cannot inherit) of 28-days. If the spouse dies within that time, they are treated as having not survived the deceased and the next class of beneficiary becomes entitled.
What happens to my estate if I do not have a surviving spouse?
Where there is no surviving spouse, the following classes of beneficiaries are entitled to the estate. If there is no-one within a class, the persons in the next class become entitled:
- Initially, the children of the deceased receive the estate in equal shares. This includes legitimate, illegitimate or legitimated children, as well as children adopted by the deceased. Step-children or foster children are not entitled under intestacy. If a child has died before the intestate, their children will inherit in their place, each equally sharing their parent’s entitlement.
- If there are no children, the parents of the deceased are entitled in equal shares, or solely to the surviving parent.
- If no parents survive, siblings described as ‘of the whole blood of the deceased’, meaning siblings who share both parents, or their issue, are entitled. If a sibling has died before the intestate, leaving children of their own, these children will benefit in their place.
- If no whole blood siblings survive, siblings of ‘half-blood’, meaning with one parent in common with the deceased, or their issue, are entitled.
- If there are no siblings of whole or half blood, the grandparents of the deceased receive equal shares of the estate.
- If there are no grandparents, then aunts or uncles of the whole blood, or their issue, will be entitled to an equal share of the estate.
- If there are no aunts or uncles of the whole blood (or their issue), then aunts or uncles of the half blood, or their issue, will be entitled to an equal share of the estate.
- If there are no aunts or uncles of the half blood or their issue, then the Crown will inherit.
What about my long-term partner/cohabitee, surely, they must be entitled to my estate?
Unfortunately, not, your long-term partner/cohabitee are excluded from the Intestacy Rules which can cause a lot of heartache and family rifts. Currently, there is no provision under the Intestacy rules unless you are married or in a civil partnership.
However, cohabitants could qualify as dependents for the purposes of a claim for provision under the Inheritance (Provision for Family and Dependents) 1975 (IPFDA).
Conclusion
The Intestacy Rules determine who inherits your estate if you die without a valid Will, but they may not reflect your personal wishes or family circumstances. This can be particularly important for unmarried couples and families with more complex circumstances.
Making a Will gives you the opportunity to set out who you want to benefit from your estate and can provide greater certainty for those you leave behind.
If you do not currently have a Will, or your circumstances have changed since you last made one, our expert Wills, Trusts & Probate team can help you understand your options and put the right arrangements in place. Complete the form below and a member of our award-winning team can guide you through the process with confidence.