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If you die without making a Will your estate will be distributed according to the laws of intestacy, which determine who inherits your estate and in what proportions. The absence of a Will can cause huge problems, heartbreak and financial hardship for your family at the worst possible time.

For a small investment of your time and money you can avoid this and have a Will written that protects your loved ones, ensures your wishes are carried out and gives you peace of mind that your estate will be distributed to your intended beneficiaries.


Q) What do I do if there is  no will?

If a person dies without a Will their estate will be distributed in accordance with the “Intestacy” Laws.  The deceased’s next of kin is entitled to apply for a Grant of Administration to allow them to deal with the administration of the estate.  An unmarried partner is NOT recognised as next of kin so cannot deal with the administration of the estate and is NOT entitled to automatically benefit from the estate either.


Q) What are the rules of intestacy?

The rules surrounding intestacy are complex and you should seek independent legal advice before dealing with an intestate estate.  Who gets what depends on your marital status at the date of death and whether you have any children.  In summary:
Unmarried – your partner is not entitled to inherit anything.
Married with no children – your spouse is entitled to inherit your entire estate.
Married with a child or children – your spouse gets the first £250,000.
The remainder of the estate will be shared as follows:

  • the husband, wife or civil partner gets an absolute interest in half of the remainder.
  • the other half is then divided equally between the surviving children.


Q) I don’t have a Will but would like to make one. What do I need to bring to my appointment?

We will need to see proof of your identity, so please bring your passport and driving licence.  

Please have a look at our Step by Step Guide

To discuss drawing up your Will or if you would like us to review your existing Will then please call Eleanor Betts on 0121 663 0975 or 07717 862705.

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