Dying without a Will

Although many people delay making a Will, the consequences of this can be very serious.  If a person dies without having made a Will, or 'Intestate', their estate will be distributed in accordance with the Intestacy Rules laid down by Parliament in 1925.

It is worth mentioning that assets held in joint names will usually automatically pass to the surviving joint owner and will not be dealt with in accordance with the Intestacy Rules.

The problem which often arises with the Intestacy Rules is when the home is in one spouse’s name only, and so does not automatically pass to the surviving partner.  If there are children and the house is worth more than £125,000, then the spouse’s "Statutory Legacy" is used up.  This is assuming that the surviving spouse wishes to effectively buy the property from the estate. This might leave very little for a spouse.

What are the main disadvantages of dying Intestate?

• Your estate may not necessarily be distributed the way in which you would have wished.
• If you have an un-married partner, they will not automatically be provided for and their only recourse may be through the Courts.
• The appointed Administrators who deal with the administration of your estate may not be those whom you would have chosen.
• It will usually take longer for the estate to be distributed. When a Will has been made, an Executor can take up duties immediately after death occurs.
• The costs may be greater.
• There may be an unnecessary Inheritance Tax liability. A properly drawn up Will can, in certain circumstances, save a lot of Inheritance Tax.
• Children will receive capital automatically at the age of 18. It may be your wish that capital should be paid at a later date.
• A testamentary Guardian is not appointed for young children. Wills are not just for older people. It is vital for those with young children to make a Will - if only to appoint Guardians for young children should anything happen to both parents.
• Trusts may arise under an Intestacy which can produce complications.
• There may be friends or relatives who would appreciate a keepsake or you may wish a charity to benefit.
• Under the Intestacy Rules, the word "children" includes legitimate, illegitimate and adopted children, but not normally step-children.