Intestacy rules – What Happens if You Die Without a Will?

These days, our lives are increasingly busy — and more people than ever are putting off writing a will. Over half of all adults in the UK don’t have a will, despite being able to write one at the age of 18 years old.

Recommendations are that you should review or change your will every five years or after a big life change — buying a house, getting married, or having a baby, for example.

But with so many things going on, getting around to actually writing a will often gets pushed to the bottom of the to-do list, which begs the question — what happens if you die without one?

What is Intestacy?

When you die without a legal will, it’s known as ‘dying intestate’. This basically means having died without leaving instructions regarding what should happen to your property in terms of inheritance and distribution. If you have made a will but it is not considered legally valid, such as a list of wishes in terms of possessions, your estate will be divided according to the rules of intestacy.

Inheritance According to Intestacy Rules

Depending on your situation in terms of marriage, children, and other relatives, the way your estate is divided changes.

· If you are married — Your spouse is likely to inherit most, if not all, of your estate — which is true even if you are separated but not divorced.

· If you are not married or in a civil partnership — Your partner is not legally entitled to anything.

· If you have children — how much they are entitled to depends on where you live. Your children include those you have legally adopted, but not step-children.

· If you have no living relatives — your estate is inherited by the government.

When an administrator is assigned to manage your estate, they must abide by the rules of intestacy. If you have made promises to friends regarding personal possessions, these wishes will be disregarded. Everything you own is divided in accordance with the rules — unmarried partners, friends, and distant relatives will not be entitled to anything at all.

Ensure Your Assets are Properly Inherited

Writing a will allows you to have a say in what happens to your property after your death. From naming an executor for your estate, deciding how your possessions are divided, making requests for your funeral, and minimizing the amount of inheritance tax paid — writing a will allows you to protect and preserve your assets for your loved ones.

At Preta International, we are dedicated to making sure that your assets are properly inherited. Over 5 million UK adults don’t know where to start when it comes to writing a will — let us help ensure the safety of your assets for your peace of mind and for the benefit of your nearest and dearest.


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