What happens if you don't make a Will?

This depends on your circumstances:

Married/civil partner with children
Your partner will be entitled to at least the first £250,000 of your estate and all of your personal possessions (new rate from 1st Feb 2009). Any remaining funds or assets, including your house if it's in your sole name or as tenants in common, will be divided with half passing to your children when they reach age 18 and the other half is held in trust for your spouse/ civil partner for life.

Married/civil partner with no children
Your partner will be entitled to at least the first £450,000 and all of your personal possessions (new rate from 1st Feb 2009). Any remaining assets would be divided between your partner and any surviving relatives.

Unmarried/no civil partner with children or grandchildren
Your children and/or grandchildren will be entitled to the estate.

Unmarried/no civil partner with no children or grandchildren
Your estate will go to any other surviving relatives, according to a certain order. If you have no surviving relatives, your estate will go to the crown.

Want to find out more about the rules of intestacy?
You can find out more about the intestacy rules work on our flow chart, please click here.

In Scotland

In Scotland, the inheritance law is different.

The Scottish Executive's Rights of Succession leaflet explains what happens if someone dies without a Will.

You can download a copy here.

© ITC