Intestate

If you die without a Will you are said to be “Intestate”. In such cases the Government’s default rules apply meaning things don’t always work out as you might expect:-

“My wife / husband will get everything” - Probably Not
“My partner will get something” - Only Assets that are Jointly owned
“My young kids will be taken care of” - Yes, but by who?

The following guidelines show you the current intestacy rules. What they will be like when you pass away who knows? The best way to be sure of what will happen is to make a Will, but if you don’t the following rules apply at present:-

All jointly held assets will automatically pass to the survivor (unless a jointly owned house is held as Tenants in Common)
If you are legally married with children

Your spouse receives first £125,000, plus a life interest in half the remainder
Your children receive the remainder

If you are legally married with no children

Your spouse receives first £200,000, plus half the remainder
Your parents (or their issue) receive the remainder

If you are not married, then your blood relatives inherit in the following order of priority (while a common-law partner receives nothing)

Your issue (children, grandchildren etc)
Your parents
Your brothers and sisters (whole blood), or their issue
Your brothers and sisters (half blood), or their issue
Your grandparents
Your uncles and aunts (whole blood), or their issue
Your uncles and aunts (half blood), or their issue

If you have no surviving relatives, all of your estate passes on your death to the Crown (or Duchy of Lancaster or Duke of Cornwall)

Generally only if someone is financially dependent on you can they challenge these rules in court, with all the expense and worry that is involved.