The Intestacy Rules

Protect your estate and your loved ones

The only guarantee in life is we all die. But no one really thinks about passing away. It is the last thing on our mind as we try to concentrate on living our lives to the fullest. So, considering writing a will can be on the bottom of our list. But what happens to your assets, possessions, and the protection of your loved ones if your wishes are not legally granted? Without a written will, these wishes are out of your control after you pass.

The Intestacy Rules

Without a valid will after you die your estate will be divided according to a set of rules, known as rules of intestacy.  These rules do not bear in mind your family’s relationships, or who those may be most in need.

Surviving spouse or civil partner

If someone dies in intestacy, your wife, husband, or civil partner will inherit all of the assets. This includes property (up to £270,000) together will all personal possessions, regardless of their value. The remainder will be equally split between surviving children. (Biological and adopted children are treated the same) If you do not have children, the surviving spouse/partner will receive the whole of the estate. It is important to be aware that unmarried partners will inherit nothing.

Unmarried with children/no children

If you are unmarried and without surviving children, the intestacy rules state that the estate will initially go to the deceased’s parents. If they are already deceased, this will pass to their siblings, if no siblings are to their grandparents. If the aforementioned are also deceased then any surviving, aunts, uncles or their children will receive the estate.

Peace of mind

With all this in mind, we cannot stress how important it is to get your affairs into place whatever your age or health condition. Our local family law team at Keelys will undertake all the aspects of writing the will and do all the work for you so there is little stress for the loved ones you leave behind.

For further details of our services, please call either Catherine Elliott on 01543 420016 or Helen Phillips on 01543 420022. Alternatively, you can email on:

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