When you pass away without leaving a will, you are said to have died “intestate.”

Many people assume that their loved ones will inherit their estate anyway, without leaving a will. They would be surprised to hear that, under the intestacy rules, this is not the case. Under these rules, their estate is divided according to a fixed set of rules, which may mean that their hard earned wealth is not given to the loved ones they intended to provide for.

Intestacy also might result in their estate paying a hefty inheritance tax bill which could be reduced or avoided, had they made a properly drafted, well thought-out Will.
Under the intestacy rules, if your spouse or civil partner and children survive you, your assets will be divided between them in fixed proportions and that could mean that your spouse or civil partner finds themselves in a situation where they are unable to maintain their standard of living or worse still, in financial difficulty.

If couples are unmarried, the survivor would not be entitled, under the intestacy rules, to inherit anything from their deceased partner’s intestate estate. Their only recourse would be to try to make a claim against the estate, which, even if successful, can be extremely stressful and costly for them.

Wills Solicitors in Guildford and London

Here at Gordons Partnership, we have solicitors from our private wealth department with many years of experience in all matters related to wills inheritance tax planning dealing with estates and intestacies and they would be happy to discuss your circumstances in detail and prepare your Will tailored to your individual requirements. Call us on 01483 451 900, email us at claire@gordonsols.co.uk or habiba@gordonsols.co.uk or make an online enquire here and we will be very pleased to assist you.

This article should not be taken as advice on any particular circumstance, and legal advice should be sought for a specific matter.

About the Author

Dariia Momot

Dariia Momot

Paralegal