The intestacy rules set out the strict list of entitlement to a person's estate if they die without leaving a will (or a valid will). The rules have remained unchanged for many years but they have been updated, effective from 1 October 2014.
The changes will ensure that the surviving spouse of a person who dies intestate receives more financial provision. Prior to the change, the rules stated that when a person dies intestate leaving a surviving spouse but no issue (broadly children and grandchildren), then the surviving spouse receives the first £450,000 of the deceased's estate and their personal belongings, and the rest of the estate passes to the deceased's parents or, if there are no parents, to their siblings. Under the new rules, the entire estate will pass to the surviving spouse. If the deceased leaves issue, the surviving spouse will receive a greater share as well.
In all cases, where a 'spouse' is referred to, this includes a civil partner.
Many people might see this as a reason not to make a will. However this approach would be a mistake. Making a will ensures that your specific wishes are met and it is often the case that it is cheaper and easier to deal with the affairs of a person who has made a will as opposed to one who has not.
For more detail refer to: legislation
To discuss making a will or any related matters, contact us.