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Passing away without a Will – Intestacy is changing

Updated: Apr 15, 2024

When you pass away without a Will in place your estate is dealt with under the rules of intestacy.

At their most basic level, the intestacy rules lay out who your estate will go to when you die. If certain people have died before you, then who your estate will be left to can change. The amount certain people stand to inherit can also change, dependent upon when the individual passes away. A simple guide that explains who inherits when there is no Will can be found here.

These rules are regularly reviewed and are subject to change. Presently, if a person passes away without a will and leaves a spouse and children, the spouse inherits the first £250,000 of the estate. The remainder then passes to the children in line with the intestacy rules.

As of 06 February 2020, the amount that the spouse would inherit in this scenario is rising to £270,000. If the scenario was different then alternative rules under intestacy would apply. It is difficult to rely on the rules to properly represent your wishes if they are subject to change at any point.

A big concern when you don’t make a Will is that your wishes are not going to be properly being represented. That the wrong people may inherit your estate, or others may be left unsupported after your death.

HMG LAW LLP provides qualified and experienced professionals who can talk to you about your Will and your wishes.

If you have any further queries or would like to instruct HMG LAW LLP to assist in the drafting of your Wills, please contact us today to arrange an appointment at either of our offices.

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HMG LAW LLP is a limited liability partnership No OC331458 registered in England and Wales and is the successor practice to Herbert Mallam Gowers. A list of the members can be obtained from One St Aldate's, Oxford OX1 1DE. HMG LAW LLP is authorised and regulated by the Solicitors Regulation Authority - SRA number 00469833. The VAT number for HMG LAW is:  GB 1946317140. HMG LAW LLP has published this site in good faith and has taken reasonable care to ensure that the information provided is accurate. However, the information, including any articles and publications, are for general purposes only. Neither HMG LAW LLP nor any of its partners or staff accept any liability for any loss or damage arising from reliance upon information and materials appearing on this site or on any linked site unless the matters relied upon have first been confirmed in writing; in which case, and to the extent that the law permits, any liability shall be solely that of the Firm.

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