What Is Intestacy?

When an individual dies without making a Will, they are described as having died intestate, which means that their assets and belongings (estate) will be distributed according to the rules of intestacy.

Currently, only 43% of adults in the UK have a Will. This means there are over 31 million people without a Will who are risking having their estate being left to individuals that they may not have chosen. They are also risking inheritance tax being paid on their death as they cannot control who ultimately gets their estate.

In England and Wales, if you have a surviving spouse or civil partner and child/ren and you do not have a Will, the law states that your spouse receives all of your personal possessions, known as chattels. Your spouse also receives £270,000 and 50% of the balance of the rest of the estate, known as the residue. The child/ren receive the other 50% of the balance of the estate.

If your estate is worth less than £270,000 your spouse or civil partner will receive the whole of your estate and your children will receive nothing. If there is no surviving spouse or civil partner, your child/ren will receive everything. Step children receive nothing, regardless of how long you cared for them unless you have legally adopted them if there is no Will to stipulate they should inherit.

If you die intestate leaving no surviving spouse or civil partner, your estate will be distributed in a strict order from closest blood relatives to furthest. If there are no surviving blood relatives and no valid Will, the estate goes to the Crown which is called ‘Bona Vacantia’.

This is just a brief outline of the rules of intestacy, which is a very complex area. Avoiding the issues that can arise is simple – to protect your estate and ensure your intentions are clear and adhered to, organise your Will today for your peace of mind.

To take advantage of our offer of a complimentary estate planning review, call 0117 3636 212 or email office@haroldstephens.co.uk.