No will?
Intestacy is the word used to describe the estate of someone who dies without leaving a will. The rules in England and Wales are different than in Northern Ireland and Scotland.
If you die intestate (i.e. without having made a will) the government can end up with your assets if you have no close relatives. Even if you do, your wishes may not be followed.
The rules on which members of family get what only apply when no will has been made or where certain assets of the estate have not been covered by the will.
The intestacy rules dictate:
1) If you are married with children then when you die intestate your spouse gets everything up to £125,000 together with your personal possessions.
The remainder is split in half with 50% going to your children when they reach the age of 18 and the balance going into trust for the rest of your spouse's life. When the spouse dies this half reverts to the children.
2) If you are married with no children but there are other relatives, then the spouse receives everything up to £200,000 and again takes your personal possessions.
The rest is divided with half going to the spouse and the balance going to your parents. If your parents are dead then this half is divided amongst your brothers or sisters or their children.
3) If you are unmarried, a shared home may have to be sold if it is not in joint names. The proceeds, along with the rest of the estate will go to your next of kin.
The Order of Distribution for Intestate Estates is largely governed by the Administration of Estates Act 1925 and there are no provisions for co-habitees and stepchildren.
To stop this happening your partner will have to resort to the courts to recover their share of the property and receive any financial support from the estate.
If there are no living relatives the money goes to the Treasury.
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