If someone dies without making a valid Will, the intestacy rules determine who will benefit from their estate (everything they own).

On 1 October 2014 new changes to the intestacy rules came into force. We focus on how the changes affect spouses, civil partners and common law or unmarried partners on their right to inherit.

Below is a summary of the main changes to the intestacy rules.

Main Changes to the Intestacy Rules

The new rules do not affect estates worth less than £250,000.

Unmarried partners with no children

• Old rules: unmarried partner is not entitled to benefit from the estate. The estate will be distributed amongst blood relatives with the deceased’s parents first in line.
• New rules: no change to the above.

Unmarried partners with children

• Old rules: unmarried partner is not entitled to benefit from the estate. The estate will be distributed amongst blood relatives with the deceaseds children first in line.
• New rules: no change to the above.

Married/civil partnership with no children

• Old rules: spouse/civil partner receives the chattels and the first £450,000 of the estate plus 50% of anything above this figure. The remaining 50% is distributed amongst the deceasedís blood relatives with parents first in line.
• New rules: spouse/civil partner has an automatic right to benefit from the entire estate.

Married/civil partnership with children

• Old rules: spouse/civil partner receives the chattels and the first £250,000 of the estate plus a life interest or right to income on 50% of anything above this figure. The remaining 50% is distributed amongst the deceasedís blood relatives with the children first in line.
• New rules: spouse/civil partner receives the personal effects and the first £250,000 of the estate plus 50% of anything above this figure. The remaining 50% is distributed amongst the deceasedís blood relatives with the children first in line.

Is it worth making a Will?

Unmarried partners

Unmarried partners have no automatic right to receive a penny under the intestacy rules. It is of paramount importance that they make a Will should they wish to provide for their partner, children or family in a way that is different from the intestacy rules.

Married/civil partners

While these changes should certainly make the distribution of an estate easier, it is always better to make a Will which is tailored to your personal circumstance.

Single person

The intestacy rules even with the changes are still far from perfect and for many families can have disastrous consequences. Avoid relying on the intestacy rules and you will avoid leaving your family in difficulty.

For more information on these changes or if you would like to make or update your Will, please contact us on 020 344 3997 or send an email to wills@ashtongrace.co.uk

Ashton Grace – specialists in Wills & Estate Planning