If I don’t have a will, what happens when I die?

If you die intestate (i.e. without having made a will), how your estate will be inherited will depend upon what relatives you have.

• If you are married or in a civil partnership but have no children – your spouse / civil partner will inherit all your estate.
• If you are married or in a civil partnership and do have children – your estate may be divided between your spouse / civil partner and your children who inherit at age 18 depending on its value.

In this scenario, your surviving spouse / civil partner would be entitled to inherit your personal possessions and the statutory legacy, the fixed amount they are entitled to when there is no will in place. This amount is currently £322,000 so the first £322,000 in the estate passes to your surviving spouse / civil partner, then everything over this amount would pass 50% to your surviving spouse / civil partner and 50% equally between your children.

• If you are not married or in a civil partnership but have children, your estate will be inherited equally by your children at age 18; if any of your children die before you, their children will inherit in their place at age 18.
• If you don't have any children or grandchildren, then the order of entitlement is:
  • parents in equal shares or to the surviving parent
  • whole brothers and sisters (who share both parents with you) or their children
  • half brothers and sisters or their children
  • grandparents
  • uncles and aunts of the whole blood (your parents’ full siblings) or their children
  • uncles and aunts of the half blood (your parents’ half-siblings) or their children

If you have none of these relatives, then your estate will pass to the Crown.

Problems with intestacy

Some examples of what may happen if you don’t have a will:

• You and your partner have lived together for many years but are not legally married or in a civil partnership. Your partner will not inherit your estate if you have not made a will to that effect.
• You and your spouse have lived apart for many years but are not legally divorced. If you have not made a will, your spouse will inherit all or part of your estate depending on its value and whether you have children.
• You are single and have three children, one of whom you are estranged from. Your three children will inherit your estate equally if you have not made a will.
• Your son lives with you and has looked after you in your old age. You want him to inherit the house as he has no other home, and your daughter is well provided for. If you don't make a will, the law of intestacy will not give effect to your wishes but will leave all your estate, including your house, to your son and daughter equally.
• You want to leave part of your estate to your goddaughter who has been very kind to you. This won't happen unless you make a will to that effect.
• You and your spouse each have children from previous marriages. All or part of your estate therefore may pass to your new spouse, and your children may not benefit. You don't think it's worth making wills because the survivor of you and your spouse will inherit the house automatically as you own it jointly. That may be true but, on the death of the second of you to die, the house will be inherited by your spouse’s children only and not shared between all your children as you wanted.

A carefully prepared will not only ensures that your wishes are wishes are met but could also help plan against other risk factors such as inheritance tax, care home fees, and second marriages. It’s always worth speaking to a Lifetime Lawyer for expert advice on your individual situation.

How can we help?

If you need creating a will, our team of dedicated wills and probate law solicitors in Stoke can provide expert guidance on your next steps. Get in touch by calling 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk.

We also have expert wills and probate law solicitors at our offices across the East Midlands, in Burton, Derby, Leicester and Swadlincote.