Wills

Put simply, don’t die without a will!

If you die without leaving a will, the law decides who gets what and how much. This is called intestacy. The law about exactly who gets what is different in England, Wales, Scotland and Northern Ireland, but there are some common problems wherever you live:

• If you’re not married and not in a civil partnership, your partner is not legally entitled to anything when you die.
• If you’re married, your husband or wife might inherit most, or all of your estate and your children might not get anything (except in Scotland). This is true even if you are separated but not if you’re divorced.
• If you have children or grandchildren, how much they are legally entitled to will depend on where you live in the UK – but if you make a will you can decide this yourself.
• Any Inheritance Tax that your estate must pay might be higher than it would be if you had made a will.
• If you die with no living close relatives, your whole estate will belong to the Crown or to the government.
• any assets that you own jointly with someone will not pass under the intestacy rules but will pass by survivorship to the surviving joint owner. You need to own the asset as ‘joint tenants’ and not as ‘tenants in common’ for survivorship to apply.

By leaving a will that says clearly who should get your property and money when you die, you can prevent unnecessary distress at an already difficult time for your family or friends.

Having made a will it is important to regularly review it to make sure it reflects any changes in your family circumstances or to the law.