What happens if i die intestate?

Around 56% of British adults do not have a will. The reasons most cited for this are not getting round to it, not having anything worth bequeathing, worries about the cost of having a will drawn up, and not wanting to focus on such a morbid subject.

Writing your will does not mean you'll suddenly find yourself on your death bed. It is sad to think about a time you won't be here, but it's essential for your peace of mind, especially if you have children, and to save your loved ones from unnecessary stress in the future.

Dying without making a will (or 'intestate' to use the legal term) can create a lot of anxiety for those left behind. In the absence of a Will, rules apply which determine the priority in which relatives are entitled to your estate. In the event that there are none who qualify or no one comes forward after a specified time then your estates passes to the crown. The Law (under the Administration of Estates Act) ensures that spouses and children are provided for where possible from whatever money, property or possessions a person leaves when they die (the 'estate') once any debts have been settled but this can take time to sort out, during which your loved ones may not be sure where they stand.

Under the current legislation, if you die intestate but there are surviving children, grandchildren or great grandchildren and the estate is valued at more than £322,000 then the spouse or civil partner will inherit all the personal property and belongings of the person who has died and the first £322,000 of the estate, and half of the remaining estate. The other half of the remaining estate is divided equally between the surviving children/ grandchildren/great-grandchildren.

If you have no surviving relatives, the whole estate would go to the Crown (This is known as bona vacantia). If you are not married or in a civil partnership but have children, your children will inherit your estate. It is worth noting that if you and your partner are not married or in a civil partnership, the law views them as a friend and they may not receive any provision from your estate, leaving them in financial difficulty. Note also that in some (but not all) cases, jointly owned assets may pass to the co-owners, irrespective of the above rules of intestacy.