27/03/2023
DO YOU KNOW WHO WILL RECEIVE YOUR ASSETS IF YOU DIE WITHOUT HAVING A VALID WILL IN PLACE?
It is a misconception that Wills are just for the rich, the elderly or those with young children. No matter how much or little you have, if you die without a valid Will in place, your estate will pass in accordance with the Rules of Intestacy… and the chances are, it’s probably not exactly what you would want to happen!!
The Rules of Intestacy set out who is entitled to inherit from your estate if you do not leave a valid Will. The rules differ slightly based on different UK jurisdiction, but here’s an insight into the laws in England & Wales….…
If you die without a Will and have a surviving spouse or civil partner:
• If you have surviving children, grandchildren or great
grandchildren and your estate is valued at more than
£270,000: your spouse or civil partner receives the chattels
(possessions), a legacy of £270,000 and half of what is left.
Your children will be entitled to the other half.
• If you have no surviving children, grandchildren or great
grandchildren: everything passes to your spouse or civil
partner.
If you have no surviving spouse or civil partner and have no children, grandchildren or great grandchildren, other surviving relatives may be entitled to inherit, but there is a specified order in which your relatives will be considered.
If there are no surviving relatives, your estate could pass to the Crown.
The rules are set in stone and those little gifts or legacies you might have wanted to make, such as your jewellery to your sister, your sports trophies to your younger brother, or sum of money to your grandchildren, or perhaps a charity, WON’T happen.
Furthermore, many people still wrongly believe that as a “common-law partner” they will benefit from the same legal rights as those in legal unions.
Whilst a Bill to protect the rights of all couples who have lived together for more than 3 years was presented to the House of Lords in March 2019, they are still less than for those in a legal relationship. The Bill is currently awaiting its second reading in the Lords following the proroguing of Parliament in October.
In the meantime, you need to be aware that unless you have a Will in place, you could end up with no rights over the family home or your partner’s estate.
If YOU want to decide WHO gets WHAT rather than the State deciding for you, make a Will TODAY!
It’s never too early, but often too late.
Call Free on 0800 0789 522 to arrange a no-obligation appointment