"dying without a will (England/Wales)"

If you die without a Will, that is you are intestate, then the law decides who inherits what. This is a quick guide to what would happen and should not replace seeking the advice of a qualified Will writer. If you would like to talk to a professional Will writer, please contact us.

If you have a lawful spouse

If your estate is worth less than £125,000 then your spouse gets everything.
If your estate is worth more than £125,000 and you had no other surviving relative (for example children, grandchildren or parents), then your spouse will still get everything.

If you have a lawful spouse, plus children

If your estate is worth less than £125,000 then your spouse gets everything. If your estate is worth more than £125,000 then your spouse would get £125,000 and all personal belongings with the right to take income from half the remainder, but not the capital itself, in half of anything over this sum.
Your children would get half the sum over £125,000 immediately (If children are minors, held in trust for their benefit) and be entitled to the other half on the death of your spouse. Should any of your children die before you then their children would be entitled to take their parent's share.

If you have a lawful spouse, no children, but other relatives

If your estate is worth less than £200,000 then your spouse gets everything. If your estate is worth more than £200,000 then your spouse would get £200,000 together with all personal belongings. The remaining estate goes to the other relatives in this order of priority: parents; brothers/sisters; half brothers/sisters; grandparents; aunts and uncles; spouses of aunts and uncles.

If you are not lawfully married, but have had children

Your estate will be shared between the children. Should they die before you then their children would take their share.

If you are not lawfully married, have no children, but have parents or have brothers/sisters/grandparents/aunts/uncles

Your estate will be shared equally amongst them in this order of priority — parents; brothers and sisters; half brothers and sisters; grandparents; aunts and uncles; spouses of aunts and uncles.
If any of these died before you but have living children then the children will take their parent's share.

If you are not lawfully married, and have no other relatives

Your estate will go the Crown.