In 2009 the intestacy rules changed to increase the amount that a spouse or civil partner receives from the estate of their spouse / civil partner, if they die intestate, that is without a Will. As yet there is no provision made for unmarried cohabiting partners. Therefore if you die without leaving a Will your partner will inherit nothing from your estate. If you don’t have children it will pass to your parents and if you do have children it will pass to your children and be paid to them once they reach 18. This can cause significant financial and family distress at an already difficult time. By making a Will you can ensure that your assets go to the person you want to inherit them. This is important for everyone but particularly vital for co-habitees. A properly made Will doesn’t have to cost much and it is the only way to guarantee your wishes are carried out.
Law Commission’s Consultation on Intestacy Rules
January 8th, 2010 by Julianne BrainsbyRemember you have only until 28 February to let the Law Commission know what you think of their proposed reforms to the Intestacy Rules that apply when someone dies without a Will.
Areas highlighted for potential reform include
- The entitlement of a surviving spouse (or civil partner) where the deceased also left children (perhaps from another relationship);
- Whether certain cohabitants should share in the Estate; who should qualify; how much should they get;
- Trusts for children on intestacy and the effect of adoption on a child’s entitlement; and
- The distinction made between full brothers and sisters and half-brothers and sisters.
You can read the report and the proposals at :
http://www.lawcom.gov.uk/current_consultations.htm
If you want to make sure the Intestacy Rules (the current ones or the proposed new ones) do not apply to your Estate, the simple answer is to make a Will.