What if I don't make a Will ? - The Intestacy Laws

What if I don't make a Will ?
The Intestacy Laws

If you don't make a Will :

• First of all, your Estate will take a lot longer to distribute, and it will cost a lot more to distribute, because your loved ones will have to prove that no Will exists - and this could incur up-front costs of hundreds of pounds and will certainly take time
• If you have no spouse or blood relatives, your entire estate will go to the Taxman
• If you do have blood relatives or a spouse, they will have to apply to the courts to administer your Estate - a far more lengthy and costly process than if you had written a Will - and your Inheritance Tax bill could be higher
• You forfeit the right to 'ring-fence' some or all of your estate such that your spouse can benefit from it but a Local Authority can't (if he/she has to go into long-term care)
• If you have children under 18, and the other parent is also dead, then you have given up the right to decide who looks after them
• If you have a partner to whom you are not married, he/she will get nothing from your estate even if you have been together for 50 years or more and even if he/she lives with you: the Intestacy Laws do not recognise unmarried "Common Law" partners (Note: He/she might eventually get some of the estate by making a claim under the ‘Inheritance (Provision for Family and Dependants) Act 1975’, but this would be time-consuming and expensive, and there is no guarantee of success)

In summary, if you die without having made a Will (i.e. ‘intestate’) then after your loved ones have suffered additional stress, delays, and probably expense, the Government effectively writes a Will for you.

Answer the questions below to see the the rules for who would get your estate (note that ‘Married’ and ‘Spouse’ also includes same-sex couples who have undergone a legal Civil Partnership ceremony) :