Creating a will is something which anyone with assets in the UK should consider. If you have not created one, any assets, including property, will be distributed in accordance with the UK’s strict intestacy rules, which we will look at below.

If you are looking for a London law firm to help you prepare a will, you will find examples online at sites such as www.forsters.co.uk/.

Intestacy Rules in the UK

The rules on intestacy in England and Wales are clearly laid out in a 2014 Act of Parliament, the Inheritance and Trustees’ Powers Act. This gives clear and detailed instructions about who inherits, depending on the circumstances.

Should the deceased be married at the time of death, or part of a civil partnership and no children have been born, the estate automatically passes to the surviving partner or spouse, with a limit of £322,000 on the total estate. If the estate is worth more, then the survivor receives £322,000 and half the surplus if there is issue from the marriage or partnership. The remainder is shared between children equally.

If there is no surviving spouse or partner, the entire estate goes to the children, or if they are deceased, to any grandchildren.

The order in which individuals inherit in England and Wales has an order of priority, but if there are no surviving relatives, the full estate will pass to the Crown. Intestacy law does not include any stepchildren, partners who are not married, charities or friends, which explains why a will is important.

How to find if you inherit if there is no will

You can find out online if you can receive a share of an estate from someone who has died without making a will.

All of the above illustrates the importance of making a will. A will can ensure that a plan is prepared for the handling of the estate. It also means that the assets are distributed in line with the wishes of the deceased, and avoids any disputes which could arise if no instructions are left.