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What is a Will?

A Will is a legal document that outlines your wishes for the distribution of your property and assets after your death. It can include funeral instructions and provide directions for the care of your dependents, giving you peace of mind after your passing. 

What are the Intestacy Rules?

Intestacy rules, introduced by The Administration of Estates Act 1925, apply when there’s no valid Will or when some assets are left undisposed of under your Will.

What happens if you die leaving a surviving spouse or civil partner?

• Your spouse or civil partner will inherit all your personal possessions. This does not apply to unmarried partners.
• They will also receive a statutory legacy of the first £322,000, free of inheritance tax. If your remaining estate is worth less, your spouse/civil partner will receive everything, and your child/ren will receive nothing.
• If there is anything left after the statutory legacy has been paid, the remaining estate is split equally between your surviving spouse/civil partner and your child/ren.

As blended and modern families become more common, the intestacy rules might not align with your family’s unique dynamics. If your estate is modest, after covering funeral costs and outstanding debts, your children could end up inheriting very little, which may not be what you intended. Additionally, there could be significant tax implications. Any large inheritance left to your children will reduce your Nil Rate Band, or if it exceeds £325,000, it could be taxed at 40%.

What happens if you die and there is no surviving spouse or civil partner?

If you leave blood relatives, your residuary estate passes in the following order, passing to the next category only if there are no surviving members in a preceding category:

• Your children
• Your parents (if both alive, they share equally)
• Your brothers and sisters
• Your half brothers and sisters
• Your grandparents (if both alive, they share equally)
• Your uncles and aunts
• Your half-uncles and aunts
• The Crown

Depending on your family relationships, someone you might not have chosen to benefit under a Will might inherit a portion of your estate, against your wishes. 

Why should you make a Will?

Making a Will is not just about ticking a legal box—it is about ensuring your wishes are set out and providing peace of mind for you and your loved ones. By making a Will, you can ensure that:

• Your assets go to the people you care about most.
• Your family does not face unnecessary stress or confusion after your passing.
• You can make special arrangements for dependents, like children or pets.
• Your estate is tax efficient and ensuring your Nil Rate Band is properly utilised.

If would like to speak to an expert in our Wills, Tax & Administration team regarding our Will writing services, call us today on 020 8290 0440.