What happens if you die without a Will?
Making a Will allows you to have control over what happens to your property, money and personal possessions (known as your 'estate') after you die. You can also name executors – trustworthy people you choose to obtain a Grant of Probate and administer your estate. It is an important document. That said, it is surprisingly common for people to die without leaving a valid Will.
If you die without making a valid Will, you die 'intestate'. This means that your estate will be distributed according to the intestacy rules, rather than in line with any wishes you expressed during your lifetime. The intestacy rules set out the order of priority of individuals that will inherit your estate.
The current intestacy rules provide that, if you die leaving a spouse or civil partner but no children, your spouse will inherit your estate. Your spouse would also be entitled to a Grant of Letters of Administration, and to distribute the estate (known as the 'Personal Representative').
If you die leaving a spouse and children, your surviving spouse will receive your personal belongings, £322,000 (referred to as the 'statutory legacy'), and half the remainder of your estate. Your children will inherit the other half of the remainder of your estate.
If you die without leaving a surviving spouse or if your spouse did not survive you by at least 28 days, the following classes of individuals are entitled to inherit your estate. Where there are multiple individuals within one class, they will be entitled to inherit in equal shares. If there is nobody within a class, the next class in the order is entitled to inherit.
- Your children, including legitimate and adopted children;
- Your parents;
- Your siblings or, if they died before you, your nieces or nephews;
- Your half-siblings or, if they died before you, your half-nieces or half-nephews;
- Your grandparents;
- Your aunts and uncles or, if they died before you, your cousins;
- Your half-aunts and half-uncles or, if they died before you, your half-cousins; and
- The Crown.
If an individual within a class is under the age of eighteen, their share of the estate will be held on trust for them until they turn eighteen. If they die before eighteen, their share will be divided between the other individuals in the class.
The above list is also the order of priority of people entitled to take out a Grant of Letters of Administration in a deceased's estate and become the Personal Representative. If there is more than one person entitled in the same category, but an agreement cannot be reached about which of them should be the Personal Representative, this can lead to a race for the Grant.
Where there are minor beneficiaries (those under the age of eighteen) entitled to an estate, two Personal Representatives are required to take out a Grant for the use and benefit of the children.
Certain individuals, such as cohabitees, stepchildren and step siblings, do not fall within the classes of beneficiaries under the intestacy rules.
Many people wrongly assume that unmarried partners who have been together for a long time will be treated as 'common law spouses' and will have the same rights as spouses, however this is untrue. Cohabitees do not inherit under the intestacy rules, which is why it is even more important to make a Will if you would like to benefit these people on your death.