What if I don't make a Will (England & Wales only)?
The Intestacy Rules (rates effective form 1 February 2009)
If you die without a will there are rules which decide who inherits your assets - this also depends on your personal circumstances. It will take longer to sort out your affairs if you don't have a will. This could mean extra distress for your relatives and dependants until they can draw money from your estate.
If you're married or in a civil partnership and your estate is worth £450,000 or less
Everything goes to your husband, wife or civil partner.
If you're married or in a civil partnership and your estate is worth over £450,000
Your husband, wife or civil partner won't automatically get everything, although they will receive:-
personal items, (e.g. household articles and cars, but nothing used for business purposes)the first £450,000 a life interest in half of the rest of the estate (on his or her death this will pass to the children or as detailed below)The rest of the estate will be shared between the following as follows:
children (or if none, grandchildren) will get an equal shareif there are no children or grandchildren, surviving parents will get a shareif there are no children, grandchildren or surviving parents, any brothers and sisters (who shared the same two parents as the deceased) will get a share (or their children if they died while the deceased was still alive)if the deceased has none of the above, the husband, wife or registered civil partner will get everythingIf you are partners but aren't married or in a civil partnership
Your partner won't automatically get a share of your estate if you die without making a will.
If you haven't provided for your partner in some other way, their only option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel that you have not made reasonable financial provision for them. For further information click here.
If there is no surviving spouse / civil partner
The estate is distributed as follows:
to surviving children in equal shares (or to their children if they died while the deceased was still alive)if there are no children, to parents (equally, if both alive)if there are no surviving parents, to brothers and sisters (who shared the same two parents as the deceased), or to their children if they died while the deceased was still aliveif there are no brothers or sisters then to half brothers or sisters (or to their children if they died while the deceased was still alive)if none of the above then to grandparents (equally if more than one)if there are no grandparents to aunts and uncles (or their children if they died while the deceased was still alive)if none of the above, then to half uncles or aunts (or their children if they died while the deceased was still alive)to the Crown if there are none of the aboveClick HERE to visit HM Revenue & Customs Intestacy Checker.
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