COVID-19 Update: Tozers is providing our usual client services while maintaining the safety of our clients and colleagues. Full update here

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


When someone dies but has not made a will, what happens to their esate?

Posted on 04th March 2020 in Probate & Wills

Posted by

Sue Halfyard

Associate and Chartered Legal Executive
When someone dies but has not made a will, what happens to their esate?

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.

If you would like one of our experts to advise you on the making of a will please contact a member of our Probate and Wills team.

Contact the team

Company & Industry

Related Insights


Predictions for what could be in the 2021 Budget

Posted on 01st March 2021 in Employment, Residential Property, Later Life Planning, Coronavirus Pandemic

With less than a week to go until the next Budget, on 3rd March 2021, speculation is rife as to what Chancellor Rishi Sunak may announce. With the pandemic affecting the country for more than a year, there are likely to be numerous Covid-related support measures announced.

Posted by

Rachael Morley

Associate and Solicitor

Call for hospitals to use gold-standard GBS test

Posted on 25th February 2021 in Medical Negligence

Patient Safety Minister Nadine Dorries has issued a call for hospitals to use gold-standard test for mothers at risk of giving babies Group B Strep, after the large-scale National Institute for Health Research-funded clinical trial on testing for GBS had received ethical approval in 2019 with an estimated 80 hopsitals required to take part ensuring the rial screening could reach 320,00 women, only 15 hospitals have been able to commit.

Posted by

Stuart Bramley

Partner and Solicitor