No Will (Intestacy)

No Will (Intestacy)

If you do not make a Will, then the law decides how your estate is distributed.

It may be that relatives receive money that you do not want to benefit from the estate. That is why it is crucial to make a Will and ensure your wishes are followed.

Please call us about making a Will on 0800 3 10 11 12 or contact us online.

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We act for clients in Corby, Kettering, across Northamptonshire as well as all over the country in England and Wales. Distance is not a problem!

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If You Are Married with Children

If you are married or in a civil partnership and have children and die and have not made a Will then your spouse may not inherit all your estate. Your spouse or civil partner would be entitled to receive up to £270,000 (this was £250,000 but is due to increase to £270,000 on 6th February 2020) of your estate assets plus your personal possessions. Half of the excess over £270,000 is then shared equally amongst your children. Your spouse/civil partner also has the right to the interest only on the other half of the excess during his/her lifetime, then after the death of the spouse/ civil partner, to the children in equal shares.

However, the problem is, if your net assets are worth more than £270,000, then that your spouse could potentially lose his or her home because if you die intestate, and have not made a Will, the surviving children or grandchildren are entitled to a proportion of the estate if it exceeds £270,000. That means that all of your assets and property would not pass entirely to your spouse.

If You Are Married Without Children

Your spouse would be entitled to everything up to £450,000 plus your personal possessions. Everything else over £450,000 would be divided equally between your spouse and your parents. If your parents have already died, their share would go to your brothers or sisters. If there were no children, no parents and no brothers or sisters of the whole blood then your spouse receives everything.

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If You Are Unmarried

Unmarried WITH children – If you are unmarried with children then your children would receive your estate in equal shares when they reach 18.

Unmarried WITHOUT Children – If you are unmarried with no children then your estate would pass to your parents in equal shares.

Unmarried With No Children Or Parents – If you were unmarried with no children and no parents then your brothers and sisters of the whole blood would inherit in equal shares. If there were no brothers or sisters of the whole blood then your brothers and sisters of the half-blood would inherit in equal shares.

Unmarried with No Children,Parents, Brothers or Sisters – If the above circumstances applied then your grandparents would inherit in equal shares.

Unmarried with No Children,Parents, Brothers,Sisters or Grandparents – If the above circumstances applied your estate would pass to your uncles and aunts of the whole blood. If there were none of them then to your uncles and aunts of the half blood.

No Spouse/ Civil Partner or Blood Relatives – In these circumstances your estate would pass to the Crown.

Unmarried Couples – Unmarried couples do not automatically inherit anything. By law, only married couples are recognised as having any significant rights over property. Therefore, if you are unmarried and have not made a Will, your partner will not get anything!

Separated But Not Divorced – If you are separated but not divorced and you have not made a Will, your spouse may be entitled to claim part or all of your estate in certain circumstances. Even if your ex-spouse cannot make a claim any assets you have left to your children’s trust fund may fall under your ex-spouse’s control!

Parents With Young Children – An ex-spouse could be given full Parental rights over your children even if your original separation agreement or court order state said differently. With a Will, you can appoint people you want as guardians for your children in the event of your death.

7 Reasons Why You Should Make A Will

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