What if someone dies without a Will? We look at how the Rules of Intestacy operate.
Did you know that according to The National Wills Report, published in March 2023, only 44% of adults in the UK have a Will in place?
If someone dies without a Will then that person is said to have died ‘intestate’. This is a legal term which means that their estate, no matter how big or small it is, will be distributed in accordance with the ‘Rules of Intestacy’.
Under the Rules of Intestacy in England and Wales, where the estate is less than £322,000 (from July 2023) and there is a spouse, then the spouse will inherit the estate in full.
However, where the estate (excluding joint assets passing by survivorship) is worth more than £322,000 and the deceased has children, then the spouse inherits £322,000, plus personal chattels and 50% of the remaining balance. The children would then take the other 50%.
If the deceased had no spouse and no children, then their estate will be distributed according to a specified order of priority, which is:-
If the deceased has no living family, their estate will pass to the Crown.
Having a well-written Will in place not only means your estate will be administered in line with your wishes, but also ensures that the administration will be more straightforward, with less stress for your loved ones.
Here at Slee Blackwell Solicitors, we can assist you in drafting a Will or administering an estate where someone dies without a Will. In addition, if you think that you are entitled to a family member’s estate, please get in touch to see how we can help.
Give us a call on freephone 0333 888 0404 or email us at [email protected]