What Happens if You Die Intestate?

                                                                                                                

I have just dealt with a query about intestacy, just in case you are not sure what that is, its when you die without leaving a Will, so just thought I’d give you a bit of info about what happens if you or a family member dies Intestate. When someone dies, you’ll need to get the legal right to deal with their property, money and possessions (their ‘estate’). The first thing your family or you will need to do is appoint an Administrator to apply for a Grant of Representation so as deal with the deceased’s estate.

The Government sets the amount you will be able to claim in respect of the estate and below is a list of the amounts that will be awarded to various members of the family if someone dies intestate. If you need any advice about how to apply for a Grant of Representation just give us a ring on 07940 384785 or email us at affordablelawforyou@gmail.com.

Your situation	What will happen to your estate
You’re married or in a civil partnership with children (birth or adopted)	Your surviving spouse or civil partner will inherit the first £250,000 of your estate, all your chattels (personal possessions), and then be fully entitled (i.e., outright) to half of the remainder above that amount. Your children will receive half of anything above £250,000 – and that will be kept in trust until they can access it at 18 years old. If your estate is worth less than £250,000, your spouse or civil partner will inherit the whole of your estate and your children will receive nothing. This applies even if you have informally separated from a spouse or civil partner and not yet legally divorced or ended the partnership.
You’re married or in a civil partnership with no children	Your spouse or civil partner will inherit your whole estate, including your chattels, even if you have informally separated. There’s nothing for your parents or extended family.
You have children but you are unmarried, divorced or widowed	Your children are first in line for your inheritance, and, if you have a common-law partner, they’ll get nothing.
You have grandchildren, but no surviving children nor spouse/civil partner	our grandchildren (and their descendants) are next in the pecking order from your children. If your child (their parent) has already died or dies before your grandkids turn 18, then the grandchildren will inherit their share of your estate.
You’re unmarried with no surviving children, grandchildren of great-grandchildren	Whether or not you are widowed, co-habiting or you are single, you’re treated legally as if you were single. That means any common-law partner receives nothing after your death, with the inheritance being distributed to the closest blood relatives in the order we discussed above. So if you die intestate and unmarried but with surviving parents, the whole of your estate would go to them. If there were no surviving parents, it would go to your siblings or their children.
You have children from multiple relationships, adopted children or step-children	All of your biological and legally adopted children will be treated equally, meaning they will get an equal share of your estate. There’s no provision for step-children in the new intestacy rules – no matter how long you’ve cared for them. Only biological and legally-adopted children have a right to inherit. So if you want to provide for step-children too, you need to make a will! If you had children but they were adopted out of your family before your death, they don’t have a right to inherit under the intestacy rules. If you currently have children but would like them to be legally adopted by a trusted guardian or family member after your death, the new intestacy rules mean that they are still able to inherit from your estate.

This if for information purposes only.