What Happens If You Don’t Make A Will

If you die “intestate” (without a Will), the law provides that certain members of your family who survive you will be entitled to your estate. How much each member receives is determined by strict rules laid down by Parliament reflecting what it believes is a fair distributions of your possessions. If there are no living relatives, your estate passes to the Crown.

If you die intestate

No account will be taken of your wishes or intentions as to what should happen to your estate. If you are married, you could be mistaken if you believe that everything you own will automatically pass to your wife or husband. Some people whom you actually dislike, or have never even met, may benefit from your death.

In the absence of an Executor, an administrator has to be found to sort out your affairs. This person may require considerable help and guidance from a professional, such as a solicitor experienced in probate.

The delay in appointing an administrator is likely to means that your family will not benefit immediately from the distribution of your possessions, adding an unnecessary burden at what is already a time of great emotional stress.

Even if you have a Will it would be invalid if any of the legal formalities had not been observed when the Will was signed. Your estate would then by distributed as if you had died intestate.

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