The last thing you do
Dying intestate isn’t the best legacy for your family, especially as the outcomes may not be what you expect.
The rules of intestacy apply if someone dies without leaving a valid will and differ quite a bit between the three UK jurisdictions.
To understand the importance of leaving a valid will you need only consider all those who have no automatic right of inheritance including unmarried partners; LBGT partners not in a civil partnership; relations by marriage; or close friends and carers.
Spouse and children
You can see the differences between the three jurisdictions by looking at who inherits if someone dies intestate with an estate valued at £800,000 (including personal possessions worth £10,000 and a £450,000 home), leaving a spouse and children (‘spouse’ for this purpose includes civil partners).
- England and Wales: The spouse receives £530,000, with the other £270,000 split equally between the children.
- Scotland: The spouse receives £600,000, with the rest split equally between the children.
- Northern Ireland: If there is just one child then the split is exactly the same as for England and Wales. However, if there is more than one child, the spouse only receives £440,000, with the rest split equally between the children.
The government’s online tool at www.gov.uk/inherits-someone-dies-withoutwill can quickly establish who will inherit if someone dies without a valid will. It covers all three jurisdictions. The rules mean an inheritance could go to someone you might prefer to exclude, such as a former spouse. In England an informal separation does not make any difference to what a spouse receives.
To ensure your estate goes only to whom you want to benefi t, make a will and keep it updated as your wealth and circumstances change.
