What happens to your estate if you do not make a Will?

If you die without making a Will, it is referred to as dying “Intestate” and your Estate is divided in accordance with the Rules of Intestacy.

Many people believe that if there is no Will then their Spouse or Partner will simply inherit everything however this is not the case.

Most importantly, if you and your Partner are not married, or in a Civil Partnership, then they will get nothing from your Estate, no matter how long you have been together for.

Even if you are married or in a Civil Partnership your Spouse will still not automatically get everything, especially if you have children, whether from that relationship or from a previous one.

If you have children, your Spouse will inherit all of your personal belongings together with the first £250,000 of your Estate. They will also be entitled to a life interest in half of everything else; this means they can have the benefit of half of the rest of your Estate, but they cannot have or use the capital. This capital would then pass to your children once your Spouse has died.

Obviously this could cause serious difficulties, especially if your children and your Spouse don’t get along, or if you separated unofficially.

If you are not married, but you do have children, then your Estate would pass directly to your children, which could cause significant problems for your partner.

Your grandchildren and great grandchildren will get nothing from your Estate unless their parents have predeceased you.

If you die without leaving a Spouse or children (or grandchildren) then your Estate will be divided between more remote family members in accordance with a strict order.

The effect of all of this is that your Estate could end up going to people whom you do not even know properly.

Your friends will get nothing from your Estate, and you will not be able to benefit any charities, even those you have been supporting for years. Your personal belongings may not get to the person you want to have them.

If you make a Will, you are in charge. You can set out exactly where you want your Estate to go, you can remember your friends and charities with gifts of money or personal items, you can make sure that your precious mementoes and family keepsakes go to the people who you want to have them, and, most importantly, you can ensure that your spouse or your partner is properly provided for, whether you are married to them or not.

Please call us on 0207 183 0084 or email us on info@olaleslie.com to request further information about our will writing service; we are always happy to assist. We also deal with probate and the administration of estates if you require assistance with administering the estate of a loved one who has passed away.

Ayesha Leslie, Partner
Ola Leslie Solicitors

We are conveyancing solicitors, new build solicitors, shared ownership solicitors, right to buy solicitors, council buy back solicitors, compulsory purchase order solicitors, remortgage solicitors, bridging finance / bridging loan solicitors, wills and probate solicitors, trust solicitors, independent advice Deed of Consent solicitors, statutory declaration / affidavit solicitors, ID1 solicitors and ID certification solicitors in Borough High Street, London Bridge, Southwark, but also cover South West London, South East London, North London, North West London, West London, East London, South London, Balham SW11, Balham High Road, Fulham, Purcell Gardens, Purcell Crescent, Hammersmith, Parsons Green, Fulham Broadway, Fulham Road, Kings Road, North End Road, Old Brompton Road, King Street Hammersmith W6, New Kings Road, Brompton Park, Shepherds Bush Road, Acton Vale, Westfield, Putney High Street, Putney Bridge, Kent, Esher, Surrey, Essex, Suffolk, Canary Wharf, London Docklands, Tower Hamlets, Battersea, Battersea Power House, Battersea Reach, Shepherds Bush, Wandsworth, Old Kent Road, Maldon, Chelmsford, Chigwell, Acton, Ealing, Putney, Barnes, Purley, Redhill, Crawley, Croydon, Slough, Lambeth, Lewisham, Anerley, Penge, Westminster, Chelsea, Chelsea Harbour, Holloway, Angel, Old Street, Earls Court, Gloucester Road, Hyde Park, Surrey Quays, Bermondsey, Clapham North, Clapham South, Clapham Common, Clapham Junction, Streatham Common, Norbury, Camberwell, Waterloo, Dulwich, Greenwich, Green Park, Wimbledon, Merton, Tooting, Streatham, Brixton, Norwood, Oval, Vauxhall, Cornwall, Plymouth, Isle of Wight, Maidstone, Orpington, Beckenham, Leyton, Leytonstone, Plaistow, Edmonton, Highams Park, Tottenham, Walthamstow, Bromley, Goddington, Chessington, Tolworth, Esher, New Malden, Kingston, Molesley, Southfields, Parliament Square, Trafalgar Square, Charing Cross, Bank, St Pauls, Kings Cross, Euston, Surbiton, Coombe, Carshalton, Epsom, Cheam, Morden, Leatherhead, Woking, Crawley, Horsham, Haywards Heath, Windsor SL4 SL5, Maidenhead SL6, Egham TW20, Farnham, Farnborough, Guildford, Dorking, Cobham, Rose Lodge Wood, Littleheath Common, Claremont Park, Keston, Keston Park, Bromley, Oxshott, Downside, Weybridge, Hersham, Addlestone, New Haw, Walton On Thames, Esher, Rydens, West Wickham, Hayes, St Pauls Cray, Chelsfield, Pratts Bottom, Kent, Great Bookham, Claygate, Shepperton, Reigate, Cobham, West Sussex, Chesterfield, Sheffield, Nottingham, Retford, Worksop, Clowne, Bakewell, Castleton, Darley Dale, Matlock, Markham, Bolsover, Nationwide. Postcode areas include KT1, KT2, KT3, KT4, KT5, KT6, KT7, KT8, KT9, KT10, KT11, KT12, KT13, KT14, W1, W2, W3, W4, W5, W6, W7, W8, SW1, SW2, SW3, SW4, SW5, SW6, SW8, SW9, SW10, SW11, SE20, SE19, SE18, SE17, SE16, SE15, SE14, SE13, SE12, SE11, SE10, SE9, SE8, SE7, SE6, SE5, SE4, SE3, SE2, SE1, E14, E13, E12, E11, E10, CR1, CR2, CR3, BR1, BR2, BR3, BR4, BR5, BR6, SM1, SM2, SM3, SM4, SM5, SM6, SM7, SM8, GU1, GU2, GU3, GU4, GU5, GU6, GU7, GU8, GU9, GU10, GU11, GU12, GU13, GU14, GU15, GU16, GU17, GU18, GU19, GU20, GU21, GU22, GU23, GU24, GU25, TW20, TW19, TW18, TW17, TW16, TW15, TW14, TW13, TW12, TW11, TW10, TW9, TW8, TW8, TW7, TW6, TW5, TW4, TW3, TW2, TW1, SW1X, SW1W, NW8, W14, W1H, SW1E, ME1, ME2, ME3, ME4. We also act for clients who carry out property transactions in the UK but reside in other parts of the world for instance America (USA), Canada, Saudi Arabia, Dubai, Abu Dhabi, Nigeria, Lagos, Ghana, Kenya, Nairobi, Pakistan, Afghanistan, Iraq, Erbil, Iran, Kurdistan, Tajikistan, Uzbekistan, India, Mumbai, Delhi, Bangalore, Kerala, Lebanon, Russia, Greece, Cyprus, France, Paris, Spain, Barcelona, Germany, Hamburg, Australia, Holland, New Zealand, China, Virgin Islands, Guernsey, Tibet and Korea.