If you die without leaving a valid will, your estate (being your property, money and personal possessions) will be divided up in accordance with the intestacy rules.
Dying without a Will is known as dying “intestate” which means without testament, and depending on your own personal family circumstances your assets will be allocated according to the intestacy rules. So, for example if you die leaving a husband or wife/civil partner they will receive the assets in your estate up to £270k together with all of the personal chattels regardless of value.
The remaining assets are then shared so that the surviving spouse/civil partner receives an absolute interest over half the remainder, with the other half being divided equally between the surviving children.
So as you can see, this can create unnecessary difficulties as you do not have control or any say in where your estate passes when you die. Ultimately if you die without a Will, it leaves uncertainty for loved ones at a time when what they need most is a clear understanding of your wishes.
Email Head of Private Client, Partner Giles Scott on giles.scott@mfgsolicitors.com
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