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Dying without a will
ET1976
Posts: 315 Forumite
Not really a pension question but I couldn't see anywhere else appropriate. What happens if you die without making a will (and have no children)?
If you have a spouse, would everything go automatically to them?
If you did not have a spouse, what would happen?
If you have a spouse, would everything go automatically to them?
If you did not have a spouse, what would happen?
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Comments
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if no spouse then siblings , then if no siblings then cousins etc
http://www.lawontheweb.co.uk/basics/wills.htm
Your estate will be shared equally amongst them in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles. If any of these have predeceased, but have living children then the children will take their parent's shareEx forum ambassador
Long term forum member0 -
There are limits to the amounts that go to the spouse - first £250k I think, then relatives.. or state0
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Have a play with this to see what happens in different situations.
http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm0 -
Don't know where OP is, but the intestacy rules are different in Scotland.0
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noh's link covers bothThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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if no spouse then siblings , then if no siblings then cousins etc
http://www.lawontheweb.co.uk/basics/wills.htm
Your estate will be shared equally amongst them in this order of priority - parents; brothers/sisters; half brothers/sisters; grandparents; aunts/uncles; spouses of aunts/uncles. If any of these have predeceased, but have living children then the children will take their parent's share
I am far from being an expert in such things but AFAIK the spouses of blood or half blood aunts/uncles cannot inherit under intestacy rules whatever that website says (unless I supppose they were cousin marriages).0 -
Goldenyears wrote: »I am far from being an expert in such things but AFAIK the spouses of blood or half blood aunts/uncles cannot inherit under intestacy rules whatever that website says (unless I supppose they were cousin marriages).
Numbers are nearly a year out of date as well not a good sign that anything is accurate.
Best to use multiple sources of info.
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/BenefitsAndMoney/DG_10029657
there are a few forms to look at
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do?court_forms_category=Probate
there are also rulews on who can deal with the estate.0 -
thanks for all the help!
I am in England btw.0 -
one more question - I have just looked at http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm with the scenario no spouse, no children, no parents but surviving remoter relatives. I have none on the relatives on the list (siblings, grandparents, uncles/aunts).
Would the estate go to 'the crown' in this case, rather than cousins, children of cousins etc, or would this come under the banner of 'If any of these have predeceased, but have living children then the children will take their parent's share'?0 -
Why don't you just leave a will?0
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