Leonard Kasler & Company
Intestacy
(20 Things to know about dying without a Will )
Note: the law may have changed since this was written
1. If you die without a valid Will, you die "Intestate" and the Intestacy Rules apply
2. Dying without a valid Will could be unfortunate for your family
3. The welfare of infant children 
would be handled by appointed administrators rather than
the guardians you chose
4. Your Estate would be divided according to the Intestacy Rules which may be very
different from what you would intend 
5. Beware! A "Common Law Partner" (i.e. the survivor from an unmarried couple) does not benefit, although he or she can apply to the Court for reasonable provision. That can be a lengthy and expensive business, if opposed by the blood relatives
6. If you are married with children, your Spouse gets everything up to £125,000 plus personal possessions. Anything remaining is divided into two:-
6.1. Half goes to the children at 18 years
6.2. Half stays in Trust during your Spouse’s lifetime
6.2.1. He or she gets the income
6.2.2. On spouse’s death, this half goes to the children
7. If you are married without children, your spouse gets everything up to £200,000 plus personal possessions. Anything remaining is divided into two:-
7.1. Half goes to your Spouse
7.2. Half goes to your Parents, if they are living
7.2.1. If no parents, to your brothers or sisters (or their children)
7.2.2. If no brothers or sisters alive, then to their children
8. If you are unmarried or divorced with children, everything is held for the children equally
9. If you are unmarried with no children
9.1. Your Estate goes to your Parents
9.2. If they are no longer alive, then to the nearest relatives in accordance with a certain list – full siblings, half siblings, etc.
10. Intestacy Rules rarely produce the lowest possible IHT bill
11. Intestacy Rules do not provide for any specific gifts or legacies
12. There is increased stress for the family and a greater possibility of a dispute
13. There is a slower process for obtaining the Grant of Representation and the disposal of your Estate
14. If you haven’t made a Will, you probably will not have received advice on related matters such as IHT Planning, Enduring Powers of Attorneys, "Planning for an Infirm Old Age" and "What to do when Someone Dies"
15. A regularly reviewed Will can make provision for changes in the value of your assets
16. Without a Will, the Administrators have to be sought out. There is a set list of those entitled to apply for the Grant
17. Detectives may be required to trace persons entitled to benefit from your Estate, thus wasting money and time
18. When a person under the age of 18 benefits from your Estate, statutory trust provisions apply. Under a Will more flexible provisions can be incorporated
19. Anyone over 18 entitled to benefit will inherit immediately, the funds cannot be held in trust until they are older and perhaps more mature. In a Will, you can specify the age that they inherit i.e. 21, 25 etc.
20. Can you really say "Why should I make a Will"?
Michael Breeze
Leoanrd Kasler & Company
Sunday, 13. October 2002