If You Don't Have a Will:
If you don’t have a will at the time of your death, you die ‘intestate’ and your will may not go to the people you want it to.
There are special rules for when you die intestate (intestacy rules), which dictate how your will will be divided if you don’t have a will:
- If you have a spouse or partner and children your spouse or civil partner will inherit all of your personal possessions and at least the first £250,000 of your estate, plus half of what then remains. Your children are entitled to the other half of the balance.
- If you have a spouse or civil partner but no children your spouse or civil partner will inherit your entire estate, including all of your personal possessions.
- If you and your partner aren’t married or in a civil partnership and you haven’t made a will your partner or spouse has no automatic right to your will even if you have children or have been living together for a long time, or both.
- If you have children and your spouse or partner is deceased your children will inherit your estate divided equally between them.
- If you have no partner and no children then parents, brothers, sisters, and nieces and nephews are likely to inherit your estate.
