The dangers of DIY wills and dying intestate should
not be underestimated, say Penelope Burton and
Julian Washington
The law lays down strict rules about what happens to a person’s estate if he dies without a will, and these rules depend on the deceased’s circumstances. In broad terms, the position in England and Wales is:
- If a person is married or in a registered civil partnership and his estate is worth £125,000 or less, everything goes to his spouse or civil partner.
- If a person is married or in a registered civil partnership and his estate is worth over £125,000, his spouse or civil partner won’t automatically get everything, although they will receive:
- Personal items, such as household articles and cars.
- £125,000 free of inheritance tax or £200,000 if the deceased has not left any children.
- The rest of the estate is divided into two. If the deceased has left children, half the residue passes outright to the children and the other half is held on a life interest for the surviving spouse or civil partner—and on the death of the surviving spouse or civil
