Intestacy - for deaths after 1st October 2014

 
 
 

Intestacy - if you have no Will then you die Intestate

Rules changed on the 1st October 2014 but the situation regarding co-habitees remains the same - they are entitled to nothing.

Couldn't get round to making a Will?


Aft
er all, everyone knew what you wanted to happen - didn't they?


But, why then is your partner being evicted?..........

 

What happens if you don't leave a Will and therefore die Intestate.  

 

If you are single, widowed, divorced or separated:

The rules of Intestacy mean that your estate is divided equally between the relatives in the highest category in the following list

  • your children*, but if none to

  • your parents, but if none to

  • your whole-blood brothers and sisters*, but if none to

  • your half-blood brothers and sisters*, but if none to

  • your grandparents, but if none to

  • your whole-blood uncles and aunts*, but if none to

  • your half-blood uncles and aunts*, but if none to

  • The Crown

*If they have already died leaving children, then the children inherit their parent's share

If you are living with a different sex partner in a permanent relationship, you are considered as a single person and the same rules of intestacy apply as above.

Your partner does not get anything, nor do any children that he or she may have of his or her own. If you share the same house but the house belongs wholly to you, then your partner does not even get the house and may have to move out.

Same sex couples are treated as a married for the purposes of Intestacy if they have entered into a Civil Partnership under the Civil Partnerships Act 2004, which came into force from the 5th December 2005

If you are married/civil partners, with children of your own:

If the estate is no more than £250,000:-

Your remaining husband or wife gets:-

  • Everything

If the estate is greater than £250,000:-

Your remaining husband or wife gets:-

  • your personal possessions*

  • the first £250,000 of the estate

  • half of the remainder

  • The children get the other half of the remainder. Step children are not included unless they were adopted by you

If you are married/civil partners, without any children, the your remaining husband or wife gets

Your remaining husband or wife gets:-

  • Everything

*Personal possessions (“Tangible Movable Property”), i.e. furniture and house contents, car, etc.- there is an official list defined in section 55(1)(x) Administration of Estates Act 1925

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

Align Wills and Trusts Ltd.
enquiries@alignwillsandtrusts.co.uk
Telephone 01603 869988
Align House, 11 Hazel Close, Taverham
Norwich, Norfolk, NR8 6YE

Membership number BA54040108/11