The Intestacy Rules

(Dying without A Will)

What Are The Rules of Intestacy?

The rules of intestacy are the rules of how assets are passed down to family members in the event of death. They are applicable specifically for England & Wales as well as Scotland and Northern Ireland which have their own set of rules.

The Intestacy Rules are basically the standard succession rules determined by government legislation. At ONCE WT we call these the Government Will.

Anyone who dies without a Will are known to die ‘Intestate' and their assets/ estate will be distributed according to the Intestacy Rules (or Government Will).

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The Rules of Intestacy
Here are some facts

Here's some interesting facts about the Intestacy Rules

Do you think these will be beneficial to you and your family if you die without a Will??.

  • The first £322,000 will be passed to the surviving spouse
  • The remaining amount of the estate will be split 50:50 Between your spouse and children
  • If you have no children, then 100% will pass to the surviving spouse
  • if you are NOT married (i.e. cohabiting) and have children, 100% will pass to the children or if no children, to surviving family members first.
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What are the intestacy rules?
This passes to your spouse first

Important Matters to Consider

Here are some important circumstances to consider if you are considering keeping your government Will (dying intestate)

If a death event occurs you have to consider what will happen to your partner. If you own a house together, and it's owned in joint names, then 100% of the asset will go tp your partner.

Most people's wealth are tied up in the family home.

What will happen to your children if your partner receives 100% of the asset?

What happens to your children if your spouse meets someone else and even has children and gets married?

Effectively, in this situation, having a government will, could potentially disinherit your children.

It's probably not a good idea to keep your government will in this situation.

If you and your spouse own assets worth more than £322,000, then you would have to consider the the following:

If you on a property together in joint names, then all of the asset goes to your surviving spouse, not the first £322,000.

If you have any savings or investments, then the first £322,000 will go to the surviving spouse, and the the remaining amount will be split 50:50.

Half goes to your spouse and the other half to your children.

If your spouse remarries, your children could potentially lose out significantly and someone ese could enjoy the hard work that you originally intended for your children.

According to the intestacy rules, if you are single and a death event occurs, then all of your wealth and assets (your estate) will pass to your surviving family members such as parents, siblings, cousins etc.

If no one can be found (or do not claim it) then eventually everything will pass to the crown.

By law, (intestacy rules/ government Will) only biological or adopted children would be considered as an heir or beneficiary. So if a death even occurred, your true wishes will not be considered.

Reasons Why You Should Consider Getting Rid of Your Government Will and Getting a Private Will Drafted…

What Type of Will Do You Need To Protect Your Family?