What happens when there is no will?

As solicitors, we often get asked what happens when people die without making a will.  People are keen to understand whether assets will automatically be given to the next of kin.  Our reply is… “if only it were that simple!”

This area of law is known as ‘intestacy’.  From 1 October 2014, changes to the Intestacy Rules came into force, which should help to simplify and clarify who will inherit when there is no will. 

The new rules ensure that, where a couple are married and there are no children or descendants, the whole of the estate will pass to the surviving spouse.  This means that although the surviving spouse gets more than before, other family members miss out.

In the case where the deceased is survived by spouse and children, the spouse will take the first £250,000 and personal possessions, plus half of the balance of the remaining estate.  The surviving children take the other half.  This simplifies the current rules by removing the life interest trust but, particularly in larger estates, this amount is often insufficient and can leave the surviving spouse short.

Overall, these changes are good as they are simpler to understand and effect.  However, our advice remains the same – making a will is the only safe option if you are to ensure that your assets are distributed in the way you want.  

Making a will is a simple process but one that needs care to ensure that your will is effective and without error.