“If you haven’t made a will then you die “intestate”, and the law of intestacy dictates where your estate passes on your death.

MARRIED COUPLES & CIVIL PARTNERS: Without a will your spouse/civil partner may not inherit all your estate.

If you have children your spouse/civil partner will only be entitled to any assets held jointly (e,g. bank accounts, house (but not if held as tenants in common)) and the first £250,000 of any other assets. The balance is split 50/50 with one half being shared equally between your children and the other half providing an income for your spouse/civil partner for life with the capital passing to your children on your spouse’s/civil partner’s death. This may inadvertently use up some of your Nil Rate Band which your spouse/civil partner cannot then take advantage of on their death.
To see how the Transfer of the Nil Rate Band works click here

If you have no children then your spouse/civil partner will only be entitled to any assets held jointly (e,g. bank accounts, house (but not if held as tenants in common)) and the first £450,000 plus half of any other assets. The balance of your estate being shared equally between any surviving parents or if they have both died, your brothers and sisters. Again this may inadvertently use up some of your Nil Rate Band which your spouse/civil partner cannot then take advantage of on their death. To see how the Transfer of the Nil Rate Band works click here

UNMARRIED COUPLES: Unless you have made a will, your partner will not get anything! Your entire estate will pass to your children or, if you have no children, it will be shared between your parents (or brothers and sisters if both parents have died).

SEPARATED: If you die without making a will you are still legally married and your estate will pass as described under MARRIED COUPLES & CIVIL PARTNERS above. And any trust fund set up for children under the age of 18 may fall under your spouse’s/civil partner’s control!

DIVORCED: You are treated as a single person. Payments under a divorce settlement may still be enforceable after death.

SINGLE: Your estate will pass equally to your children (or their children if they have died before you). If you have no children then your estate passes to your parents and failing that to your brothers and sisters (or their children if they have died before you).

PARENTS OF YOUNG CHILDREN: An ex-spouse could be given full parental rights over his/her children even if your original separation said differently. Though a Will you can appoint people you trust as guardians for your children in the event of your death.

DISABLED RELATIVES: A disabled relative inheriting something from you under the intestacy law can cause problems, both in looking after such assets and in reducing means tested State benefits (see What Should I do about my Disabled Relative?). click here