What happens if you die without a Will? If you don't have a Will when you die you are said to have died intestate. You may have actually made a Will but you neglected to tell anyone where it is. When someone dies without writing a will or last will and testament their estate (all their property and belongings) are distributed according to the law of intestacy. If you are married at the time of your death Your spouse will get everything. If you are married with children at the time of your death If you die leaving a spouse and children, then your spouse will get the first £125,000 and your personal effects. The remainder is divided as follows: your spouse gets a life interest in half and the other half is divided between your children. A life interest means that your spouse is entitled to the income on that half for their lifetime and on their death it will automatically pass to your children. If you are married without children but have parents or siblings If you die with no children, but have surviving parents or siblings, then your spouse gets the first £200,000 plus personal effects and the remainder is divided two ways. Your spouse will get half and the other half goes to your parents. If your parents have pre-deceased you, this share is divided between your siblings. If you are not married at the time of you death If you leave children then it will be divided equally between them. If there are no children but your parents survive you, then everything will go to your parents. If there are no children or parents, then your siblings will receive everything. If you leave no children, parents or siblings, then your grandparents will get everything. If none of these people are still alive, then it will be divided among your uncles and aunts. If there are none of the above then your estate will pass to the Crown. Notes: When using the term 'children' this includes illegitimate and adopted children but not step-children (unless legally adopted). Joint property generally passes to the surviving joint owner.All text and images © MakeYourWill.com 2002-08 We're No 1 for Wills |