Laws of Intestacy

The Laws of Intestacy are in place to cover situations when someone dies without leaving a Will (dying intestate) and a Court needs to distribute their assets. It’s obviously essential there is a law for these circumstances, however, not only were these laws created in 1925 when lifestyles were rather different than today, it’s also pretty unlikely that a Court is going to distribute your assets how you would like.

For example, if you don’t have a Will when you die:

• Your children could be placed into guardianship or care of someone you wouldn’t have chosen – even if you are in a long-term partnership

• If you have no close relatives, your assets go to the Crown and become part of government funding

• If your wife or husband is still alive they may have to share your estate with your children right away, rather than having a full inheritance during their lifetime

• If you are in a non-legal relationship (ie. not married or in a civil partnership) and have direct relatives (parents, siblings, uncles, aunts, grandparents) your home would form part of your estate and go to them. This could leave your partner homeless and potentially short of money

The lack of recognition of long term relationships is a particular issue in the 21st century. Many people now live together for years without getting married or formalising their relationship, and numerous children either live with one of their parents or with one birth parent and their new partner.

Without having a valid Will you put your nearest and dearest in a difficult situation. If you are in a long term partnership, the last thing you want is to leave your partner without your joint home and the possessions you’ve bought together over the years. An even more traumatising thought is if you have children and haven’t legally appointed Guardians in your Will, the court will place your children where they see fit. No matter what you may have verbally agreed with anyone else. If there isn’t a Will with your requirements in black and white, there is no reason for a court to automatically believe what an individual tells them – even if they are your partner or relative.

And don’t forget, even if you have no close relatives, it is unlikely you’d want all of your assets to simply go into government funding!

Some extremely nasty situations arise in circumstances where there is no Will. Emotions are often running high and it’s possible the people closest to you may not get on with each other. To avoid potential unpleasantness and remove the likely stressful position a lack of Will may cause, it really is your obligation to ensure you have a valid, legal, up-to-date Will that clearly states your wishes.