Dying without a Will (in England and Wales)

 

 

Click here if you are single...

 

Click here if you are living with a partner...

 

Click here if you are married and your estate is worth less than £250,000

 

Click here if you are married and your estate is worth more than £250,000

 

Click here to find out about joint ownership of your home...

 

 

 

 

 

 

 

 

What can I do now to make a Will?

 

Welcome to an easy ride ... You can write your Will in the comfort of your own home on your terms with a professional will writer who will listen to your exact requirements and advise accordingly...

 

 

We operate over most of the South East of England...

 

 

All London, Middlesex, Surrey, Sussex, Hampshire, Berkshire. Alternatively if you are outside this area we can refer you to a professional in your area who is a member of the TAS network.

 

 

Simply give us a call on 0207 870 5780. We will be happy to give you guidance whatever your situation is.

 

 

 

 

 

If you are single...

 

 

 

The Government have a Will all ready for you, if you don't write one yourself. Unfortunately it won't necessarily go the way you want it to go! No friends can benefit and no charities...

 

Under the Laws of Intestacy, if you have no children then if both or either of your parents are alive they will benefit from your estate. Failing them it will be brothers and sisters, failing them half-brothers or half-sisters, failing them grandparents, failing them uncles, aunts, or potentially their children. If that doesn't meet with any success your estate will pass to the CROWN (HM Government). Footnote

 

Other points

• What about your funeral ? No wishes expressed, maybe no financial provision
• Your estate will be handled by a person you did not choose and a professional will charge your estate for costs and expenses
• Your estate will almost certainly take longer to conclude
• Writing a Will lets your loved ones and others know you cared enough to sort things out in advance

 

 

 

 

 

 

If you are living with a partner...

 

 

 

You really must have a Will because your partner is likely to end up with nothing. The Laws of Intestacy were enacted in 1925 when the concept of living together was not known.

 

Under the Laws of Intestacy, if you have no children then if your parents are alive they will benefit from your estate. Failing them it will be brothers and sisters, failing them half-brothers or half-sisters, failing them grandparents, failing them uncles, aunts, or potentially their children. If that doesn't meet with any success your estate will pass to the CROWN (HM Government). Footnote

 

Other points

• Your partner can end up with nothing at all.
• If you co-own a property with your partner they may end up co-owning it with your parents, or your brother or sister! More information
• What about your funeral ? No wishes expressed, maybe no financial provision
• Your estate will be handled by a person you did not choose and a professional will charge your estate for costs and expenses
• Your estate will almost certainly take longer to conclude
• Writing a Will lets your loved ones and others know you cared enough to sort things out in advance

 

 

 

 

 

 

If you are married and your estate worth less than £250,000?

 

 

 

Under the Laws of Intestacy your wife/husband will inherit the whole estate. 

 

 

Other points

• Writing a Will lets your loved ones and others know you cared enough to sort things out in advance.
• No opportunity to make other gifts or arrangements
• Will your wife/husband have access to immediate funds?
• What about your funeral ? No wishes expressed, maybe no financial provision
• Your estate will be handled by a person you did not choose and a professional will charge your estate for costs and expenses.
• Your estate will almost certainly take much longer to conclude
• In a Will you can make provision for a situation if both of you die
• If you have children, a Will allows you to choose a guardian for any children under 18, otherwise the Local Authority will decide what happens to your children. This is a lengthy and difficult process for everyone.
• If you have children, they will get nothing.

 

 

 

 

 

 

 

 

If you are married and your estate worth more than £250,000?

 

 

 

 

 

If you have children from the marriage...

 

 

Your wife/husband gets the first £250,000 plus a Life Interest in half the remainder. The children share the rest. Footnote.

 

• This can be really complicated because a life interest is basically a trust.
• Nobody would choose this by design
• Writing a Will lets your loved ones and others know you cared enough to sort things out in advance.
• No opportunity to make other gifts or arrangements
• Will your wife/husband have access to immediate funds?
• What about your funeral ? No wishes expressed, maybe no financial provision
• Your estate will be handled by a person you did not choose and a professional will charge your estate for costs and expenses.
• Your estate will probably take much longer to conclude
• In a Will you can make provision for a situation if both of you die
• A Will allows you to choose a guardian for any children under 18, otherwise the Local Authority will decide what happens to your children. This is a lengthy and difficult process for everyone.

   

 

 

 

If there are no children from the marriage...

 

 

Your wife/husband gets the first £450,000 plus half the remainder. Parents share the rest. If there are no parents alive it will be brothers, sisters, nieces and nephews if any. Footnote.

 

• Nobody would choose this by design
• Writing a Will lets your loved ones and others know you cared enough to sort things out in advance.
• No opportunity to make other gifts or arrangements
• Will your wife/husband have access to immediate funds?
• What about your funeral ? No wishes expressed, maybe no financial provision
• Your estate will be handled by a person you did not choose and a professional will charge your estate for costs and expenses.
• Your estate will probably take much longer to conclude
• In a Will you can make provision for a situation if both of you die

 

 

 

 

 

 

Joint ownership of your home

 

 

The most common way to co-own a home is known as Joint Tenancy. When you own a home this way with another person and you die, your share of the property will automatically pass to the other person under the survivorship rules. You do not need a Will for this to happen.

 

The alternative way to own a home is known as Tenants in Common. This means that when you die your share of the home will be distributed according to your Will. If you own a home this way it is really important that you have a Will otherwise you will be subject to the Laws of Intestacy. You may be depriving your partner, say, or the person that co-owns the home with you.

 

 

 

Intestacy note

 

This has been simplified. The Laws of Intestacy are complex. Just ask any lawyers that have to deal with Intestacy.

 

 

 

See our Frequently Asked Questions