Dying without a will

If a person dies and they did not have a will, their estate will be divided up according to the rules of intestacy. In this situation, the government dictates the fairest way to divide up the estate. Simply put, if you don’t have a will, the government makes one for you. Wills are often tailored to the individual’s desires, so a person dying ‘intestate’ can create conflict within the family, and can mean that individuals or charities who you may want to benefit from your estate could be overlooked.

The rules for intestate succession in England and Wales stipulate that an estate must pass in its entirety to the deceased’s spouse or civil partner. If there is no spouse or civil partner the estate passes down the bloodline, and if there is no bloodline to follow the estate will then pass to any extended family. Beyond this, the entire estate ultimately gets claimed by the Duchies of Cornwall and Lancaster.

To understand how intestacy works, it is also important to understand the definition of ‘next of kin’. This refers to a person’s closest living blood relative. The next of kin relationship is important in determining inheritance rights if a person dies without a will and has no spouse and/or children. If no legal heir can be identified or traced, the deceased’s estate will ultimately become the state’s property.