What happens if you die without a will?

What happens if you die without a will

Dying without a will is known as ‘dying intestate’. The term comes from Latin, and translates to ‘without a testament’. When someone dies intestate, without a will, the job of managing their estate becomes harder.

It all has to be done in line with a piece of UK law known as the rules of intestacy or ‘intestacy rules’. These set out who inherits what from the estate. This means who gets the person’s property, money and belongings is decided by law rather than by their wishes before death.

Intestacy rules are closely aligned to legally accepted relationships like marriage and civil partnerships, and whether a person has children.

What happens if you die without a will

The rules of intestacy are defined in the Inheritance and Trustee’s Power Act (2014):

• The spouse or civil partner retains all assets up to a value of £322,000, as well as all personal possessions.

The rest of the estate is shared as follows:

• The spouse or civil partner gains full rights (called ‘absolute interest’) over half of the remainder.
• The other half is split equally between the children. If the children have already passed away, the children’s children will inherit their portion.
• If they have no children, the surviving spouse or partnership will receive the full estate.

If you die without a will in place and no surviving relatives, your estate will be passed onto the Crown. This is called ‘bona vacantia’. The Treasury Solicitor will then deal with your estate.

The importance of leaving a will for unmarried couples

Without a will, things can become tricky for those in long-term relationships who aren’t married or in a civil partnership. In this case, if your partner passes away, you’re not automatically set to inherit any of their estate. This is the same for friends, carers, or relatives by marriage to the deceased.

If you have children with the deceased, they will receive the estate through rules of intestacy.

How to find out if someone has left a will

If your loved one has written a will, they’ll have hopefully informed named executors and told someone where the will is kept – whether that’s in their home or at a solicitor’s office. If not, you may be able to find their will searching the probate records on GOV.UK. If you order copies of any probate records online, you’ll be charged £1.50 per one.

What makes a will valid?

In England, Wales, and Northern Ireland a will must be in writing, signed by the individual (over 18 years of age) making the will (the testator), and witnessed by two people aged over 18 and not listed as beneficiaries of the will. In Scotland will must be signed on ever page by the testator (over 12 years of age) and the signature on final page must be witnessed. The witness/s should sign the will and add the date and place of signing plus their own details. The testator must have the mental capacity or sound of mind to make the will and understand the effect it will have and have made the will voluntarily and without pressure from anyone else.

What makes a will legally invalid?

A will is legally invalid if:

• It has not been signed properly as indicated above
• If it has been destroyed or altered after the signature or witness
• the testator who made the will was not of sound mind at the time of writing their will
• the testator was put under pressure to create the will

If any of the these criteria are not met, then the will may fail resulting in assets/property being distributed in accordance with an earlier will or, if no previous will exists, in accordance with the rules of intestacy.

What happens if a will is invalid?

If a person has made a will but it is declared invalid after their death, the government will class the person as having ‘died intestate’. This means their estate will be shared in line with the rules of intestacy in England and Wales, rather than by any wishes they had expressed in their will.

Unmarried, cohabiting couples have the least legal protection if a will is declared invalid as the deceased’s children would have a claim to the inheritance rather than the deceased person’s partner.

Next of kin meaning

Your next of kin is your closest living relative. The term isn’t legally recognised in the UK, but it defines who takes responsibility when someone dies. In priority order, here’s who would be classed as your next of kin:

• Your spouse or civil partner
• If you’re not married or in a civil partnership, your children are your next of kin (as long as they’re over 18)
• If you’re not married, in a civil partnership, or have children, your parents would be classed as your next of kin

Protect your family’s future

Thinking about a time when you won’t be around can be unsettling. But deciding early who should inherit what can help to make sure your wishes are granted, and your loved ones are protected.

From helping to pay off bills, supporting surviving family or providing a small gift, life insurance can go a long way in a difficult time.

Please note: Each situation is unique, and you may wish to seek your own professional legal and financial advice to make sure your estate is managed in accordance with your wishes in the event of your death.