What happens if you die without making a will?

Do you need to make a will? The simple answer is 'yes', and here’s why.

Many people either put off making a will or think it’s not something they need to think about. However, if you don’t make a will you can’t be sure that your money, possessions and assets will go to the people you want them to after you death. In fact, they could end up going to the State.

No will. No control.
If you’re resident in England and Wales and you haven’t written a will or commissioned a professional will writer to write a will for you, you will be classed as ‘intestate’ when you die. That means your money and property will be shared out according to the rules of intestacy.

It doesn’t matter if you had loved ones to whom you were particularly close. Your estate will be treated by default in exactly the same way as the estate of anyone else who dies without making a will.

The only people who can benefit from your estate if you die intestate are your spouse or civil partner, your children and some other blood relatives. And the intestacy rules will decide how much, if anything, they inherit.

What are the intestacy rules in England and Wales?
If you’re married or in a civil partnership and you have one or more children who are still living, your husband, wife or civil partner inherits all your assets (including property) up to a value of £322,000, as well as all your personal possessions, regardless of their value.

The remainder of the estate is shared as follows:

Your husband, wife or civil partner gets 50%.

The other 50% is divided equally between your surviving children.

Other possible scenarios
If any of your children has already died, leaving children who are still living, those children will inherit in their place (in equal shares).

If you’re married or in a civil partnership but have no children, your surviving spouse will inherit your entire estate.

If you’re unmarried and have children, they will inherit the entire estate on their 18th birthday, in equal shares if there is more than one child.

If you’re unmarried with no children, your estate will be allocated in the following order: your parents, full siblings, half-siblings, grandparents, uncles and aunts (then their children), half-uncles and half-aunts (then their children).

If you’re unmarried and have no living relatives, all your money and assets will go to the Crown.

Are there any exceptions to the rules?
If you and your spouse or civil partner own your home as ‘joint tenants’, the property will automatically become 100% owned by the surviving spouse or civil partner after one of you dies. It's not considered to be part of your estate and isn't governed by the intestacy rules.

How do you apply for probate if there’s no will?
When you write a will or have a will written, you appoint executors to deal with your estate, apply for probate and make sure everything is distributed correctly to the beneficiaries.

If you haven’t left a will, the most entitled person (usually the closest living relative) can apply to be the ‘administrator’ of your estate. However, this doesn’t mean that they have any influence over who inherits. The intestacy rules will still apply.

It's simple. The best way to ensure that your wishes are carried out after your death is to leave a will.

For professional, affordable will writing services in or near Ipswich, Suffolk, call 01473 659024 or email hello@cswills.co.uk

For more information on how to make a will visit www.cswills.co.uk