When someone dies but has not made a will, what happens to their esate?
Posted on in Tax, Trusts & Succession
Where someone dies but has not made a will the intestacy rules govern the distribution of their estate. Under the rules if you leave a spouse/civil partner and children then the first part of your estate passes to the spouse/civil partner. This is called the statutory legacy and this amount has been raised from £250,000 to £270,000 with effect to estates where the deceased died on or after 6th February 2020. After this date, if an estate is worth £270,000 or less, the whole estate will pass to the surviving spouse/civil partner. If the estate exceeds £270,000 the balance is split between the surviving spouse/civil partner and the children.
This increase may appear to be good news but it also confirms how important it is to make a will. Making a Will ensures that your estate is distributed in accordance with your wishes and not according to the intestacy rules which may pass your estate to a member of your family who you do not wish to benefit. If you are unmarried or have not entered into a civil partnership and would like your partner to inherit it is even more important to make a will. No provision for a partner who is not your spouse or civil partner under the intestacy rules.