Dying Without a Will
19th July 2010
Have you ever considered what would happen to your property when you die? If you have made a will, there is every chance that the people you want to will get control of your estate, including your investment property.
If you have not made a will, then it is quite possible that the commercial or residential property portfolio that you have built up, maintained and arranged landlord insurance on, over many years, could end up in the hands of the "wrong" people; even the Crown, in some circumstances.
For example, unmarried couples (who are not in a civil partnership) have virtually no rights whatsoever. There is no such thing as a common law marriage, for legal purposes.
If a person dies intestate with a surviving spouse or civil partner and children the spouse/civil partner is entitled to £250,000, the deceased's personal possessions and a life interest in half of the residue of the estate. The children will be entitled to half of the residue immediately and the other half on the spouse's death.
If a person dies intestate leaving a spouse or civil partner but no children the spouse/civil partner is entitled to £450,000 plus the personal possessions. The spouse is also entitled to half of the residue immediately, with the other half going to relatives of the deceased ranging from parents, through siblings to more remote relations. If there are none, the money goes to the Crown.
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