If a person dies without having made a Will, it’s known as dying intestate. Dying without a Will in place means any property and possessions will be shared out according to the rules of intestacy, which will limit your beneficiaries to married or civil partners and your children. If you do not have any children, your estate will pass to the nearest relative – no matter what your personal relationship is to them.

The same can apply if a Will has been made but it’s deemed invalid. There are many reasons as to why a Will could be regarded invalid, so we always recommend you get support from a specialist when creating or amending a Will.

I don’t have a Will, who would inherit my belongings?

If you die when married or in a civil partnership, your partner will inherit all personal belongings and any property up to a value of £270,000, and half of anything that remains.

Your children will then inherit the remaining half of your estate.

If you are not married or in a civil partnership, your children would inherit everything, divided equally between them. If you do not have children, it will go to other relatives.

All biological and adopted children get an equal share, even if they are from a previous marriage, and regardless of your relationship with them. If your child or children are under the age of 18 they will be unable to access their inheritance until they become of age, unless they get married before then.

Why should I make a Will?

We would always recommend you plan for the future. By having such provisions in place, you would determine who receives what and when.

Should you die intestate (without having made a Will), there are a number of people who would not be entitled to any inheritance:

• Couples who were not married or in a civil partnership regardless of if they lived together or had children together
• Children who are not the biological children of the deceased (unless they were adopted)
• In-laws (relatives by marriage)
• Friends or carers
• Charities

We advise you take into account your personal circumstances, considering those who wouldn’t be entitled to any inheritance. For example, if you are married but separated or cohabiting with someone else who is not your spouse, your property and possessions will go to your married partner should you sadly pass away.

When suffering a bereavement, having such formalities in place will not only protect your family and loved ones. It could also help ease stress and worry during an already difficult time.

From making a Will or lasting power of attorney, to setting up a trust or administrating an estate, BHP Law provide the expertise required to ensure that your assets are protected in the event of illness or death.

Give us a call on 0800 590 019 should you like to speak to a member of the team.