What happens if you die without making a will?

As with many questions, that depends.

It depends on your individual family circumstances.

If you don’t have any relatives, or if your relatives can’t be traced, then your estate will ultimately go to the Chancellor of the Exchequer – or to Prince Charles if you live in Cornwall or Lancashire!! YOU DON’T WANNA DO THAT!

If you’re single and don’t have any children then your estate will go to your parents, assuming they have survived you. If not it will pass to any full siblings. If you don’t have any full blood siblings it will pass to any half siblings, i.e. step-brothers or sisters. If this doesn’t apply it will go to your grandparents, or if they are no longer alive to any aunts and uncles you may have, or to their children if your aunts and uncles have pre-deceased you.

If you are married or living in a Civil Partnership and your spouse or partner survives you for at least 30 days then they will inherit everything, providing there are no other relatives.

If you are married or living in a Civil Partnership and your spouse or partner survives you for at least 30 days but you have children, then the first £250,00 worth of the estate goes to your spouse or partner absolutely. Part of the remainder goes into a trust for the survivor and the children will have part of the estate.

If you are divorced your former spouse may still be able to claim part of your estate, unless you have left a will specifically excluding them or your divorce agreement was absolutely watertight.

If you are separated and don’t have a will, or you haven’t updated your will, then your spouse will be treated as though you hadn’t separated since you are still married in the eyes of the law.

If you are married with no children and you died together without making a will the elder of you will be judged to have died first so everything will go to the ‘survivor’ then pass straight to their next of kin. So your mother in law could inherit everything you own!!

If you have young children, wouldn’t you rather name their guardians than have this decided by a court?

If you are an unmarried couple then you really, really need a will; if one of you were to die then your partner is unlikely to receive anything, with everything passing to your children or other relatives.

Even if they inherit, it can take years to sort out through probate.

Avoid the uncertainty. Make a will.

©2009 Kenn Coates (kenn.coates@probatesolutions.co.uk 07551 670408)