If I am married when I die, doesn’t everything automatically go to my spouse?
Unfortunately, the law does not guarantee that your entire estate will pass to your spouse if you die without a Will.
Relying on this assumption can create unexpected complications for your loved ones after you pass away and writing a Will is the only reliable way to ensure your wishes are followed.
What Happens If You Die Without a Will?
If you die without a valid Will in England and Wales, your estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925. These rules determine who inherits, and in what proportions, regardless of your personal wishes.
While your spouse or civil partner is given priority under these rules, they may not inherit everything, particularly if you have children.
How the Estate is divided under Intestacy?
The distribution depends on your family circumstances.
If you Are Married with No Children – your spouse or civil partner will usually inherit the entire estate.
If You Are Married with Children – your spouse does not automatically inherit everything, instead; your spouse receives:
- All personal possessions
- The first £322,000 of the estate (known as the statutory legacy)
- Half of the remaining estate
Your children inherit:
- the other half of the remaining estate, divided equally among them.
This means that a portion of your estate could pass directly to your children rather than entirely to your spouse.
Although marriage does give your spouse certain inheritance rights, it does not always guarantee that they will automatically receive everything. If you want to ensure that your spouse is fully protected and your estate is distributed according to your wishes, then writing a Will is essential.
If you would like more information or would like assistance with preparing your Will, please call us on 01708784000.
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