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What is Intestacy?

September 6, 2023
Wills, Trusts and Probate

Recent surveys show that almost 7 out of 10 UK adults have not made a Will. When someone dies without a Will they die “intestate”, and the law lays down rules as to who will inherit. 

Without a Will a person runs the risk that their assets may pass to people that they never intended to benefit. 

Some common misconceptions are:  

  • “everything will pass to my wife/husband”. Unfortunately, this is not the case where there are children
  • “it will all go to my common-law souse”. This term has no legal meaning. Unmarried partners do not inherit under the Intestacy provisions
  • “my children and step children will receive everything”. Step children do not inherit under the intestacy provisions, only blood children or formerly adopted children

See the chart below to see how assets will pass under the intestacy provisions:

If you wish to leave some assets to friends or charities, the intestacy provisions will not cover this.  

The only way to ensure your assets pass to those persons you would wish to receive your assets, is to make a Will. 

Therefore, don’t put off making a Will. Contact stevensdrake to discuss.

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