Intestate Succession

What happens if you die without a Last Will and Testament?

I don’t need a Will. It is obvious who will get my things anyway. Everything will go to my spouse.

We hear this a lot, and nothing could be further from the truth. The distribution of an estate without a Will (intestate law) is so complicated that the government websites have a question and answer wizard to step you through a number of different family situations. At the end of this they calculate the shares of the estate going to each person. So let us dispel a few myths.

Myth 1: If I die without a Last Will and Testament my spouse will receive everything.

Fact: This is actually true for the first £250k in value. But according to an article published this week in the Guardian, the average house price in England is £272k, with the average price in London now at £514k. The £250k threshold is no longer limited to the interests of the very wealthy. Everything above £250k is divided such that any children will take half, and the spouse will take a “life interest” in half, meaning that the children will receive that second half when the surviving parent dies. Continue reading