INTESTACY RULES

If you die without leaving a valid Will then the law decides who gets what. Here is a guide to what would happen..

If you are single, with no children or grandchildren:

• Your property will go to your parents, or whichever one is living.
• If both your parents have died, your property will go to your brothers and sisters.
• If any of the brothers or sisters have died, their share will go to their children.
• If both your parents are dead and you have no brothers or sisters, nieces or nephews, then your property would go to any half-brothers or sisters (or their children if they are dead).
• If none of the above are alive, then your property would go to your grandparents and then to any aunts or uncles and then to more distant relatives. If you have no relatives whatsoever your property would go to the Crown i.e. the Government.

If you are single, but have children or grandchildren:

• Your property will go in equal shares to your children. If your children have died, their share will be divided between any of their children.
If you are married with no children or grandchildren:
• If your estate is worth less than £200,000 your spouse gets everything.
• If your estate is more than £200,000 the first £200,000 of your property will go to your husband or wife, together with one half of the remainder. The other half goes to your parents or whichever one is living. If both parents are dead, the other half will go to your brothers or sisters or to the children of any who have die before you. If none of the above survives you, then your husband or wife gets everything.

If you are married with children or grandchildren:

• The first £125,000 of your property goes to your husband or wife plus a life interest in one half of the remainder. The other half goes directly to your children or, as above, to the children of any who have died before you.

It is important to note that under the intestacy rules, no allowance is made for children who are illegitimate or adopted, so these children will have exactly the same rights as any natural children. The same is true for any children whose mother is not your wife or whose father is not your husband.

Most importantly of course, if you have young children, it is imperative that you make a will so that they can be cared for in the way you wish should the worst happen. You can provide for their financial future as well as ensure that they are looked after by someone you trust and know will look after them.