Introduction

Most of us have worked hard all our lives to accumulate assets and belongings that we believe that when we die, there will be certain people or organisations that we would like these assets and belongings to go to. Many people assume that, on our death, these people or organisations will automatically inherit these assets and belongings, because they are either immediate family or are known to be close to our hearts – and, for this reason, don’t think it important to make a will “it will happen anyway”. If only this was what actually happens when you die.... unfortunately it is not.

When you die leaving no Will, there are a set of rules designed by the government that state who gets all your belongings. These rules are known as the ‘Intestacy Rules’ and they are very strange and complicated and do not always reflect what your wishes may be.

Under the current Intestacy Rules, married couples receive the first £250,000; the remainder of the estate is split into two parts. The surviving spouse can live off the interest of the one half while the other half passes to any children of the deceased. If these children are over 18 they can claim their inheritance straight away. This could include the family home and the surviving spouse could therefore be forced to move out. For unmarried couples, it is even worse: - only joint-assets automatically pass to the surviving partner, nothing else.