What happens if you die without laving a will, say experts

Glasgow Times

6 days ago

'Do I need a Will' searches in the UK have risen 37% in the last year, with 88K searches a month, according to Google Trends.
While it's often a hard subject to broach, leaving a will, and making our wishes known for funeral plans and what we want after we die, id one of the kindest things we ca do for our loved ones.
What happens if I don't have a will?
If you die without a Will, the distribution of your estate (your personal possessions, money, and property) will be dealt with under the rules of intestacy (a set of legal rules that dictate who will benefit).
Sally Cook at Weightmans says: 'Not many people want to contemplate writing a Will and the implications of what that means; however, it is important to protect your family and assets by doing so.
"Getting your affairs in order will provide peace of mind that your wishes will be carried out, your loved ones will be appropriately provided for, and any potential family disputes are mitigated. Inheritance tax can also be planned for in advance, allowing you to pass on more to your loved ones."
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The intestacy rules are rigid and may not reflect your wishes; for example, they make no provision for unmarried partners. The intestacy rules also govern who is entitled to deal with the administration of your estate. In Scotland, unmarried partners can make a claim for a share of the estate, but this is subject to the court's discretion and there are strict timescales for applying.
Where there is no Will, the cost of administering the estate may be significantly higher. In Scotland, it also becomes necessary in most cases to obtain a form of insurance bond, which adds extra expense and time to the process.
Donna Brennan, a specialist in Scottish succession law at Weightmans adds: 'It is also important to ensure that you take advice in the correct jurisdiction, succession laws in Scotland and the rest of the UK are quite different, so if you are domiciled in Scotland or have assets there, appropriate advice should be taken. At Weightmans, we have experts in both jurisdictions.'
Will my estate automatically pass to my spouse or partner?
It is not automatic that a spouse will inherit the whole of the estate under the intestacy rules. The intestacy rules are constantly subject to change, and the outcomes of dying without a Will can be surprising and often unjust. Making a Will is the only way to ensure your loved ones are provided for in accordance with your wishes as far as possible. In Scotland, a spouse/civil partner has certain prior rights on intestacy which can exhaust the estate, but only up to a certain level, which is subject to change.
The intestacy rules do not make any provision for unmarried partners. The best way to ensure a cohabiting partner is provided for is to make a Will. As mentioned above, in Scotland, cohabitees can make a claim subject to strict timeframes, but the outcome is by no means guaranteed.
You should review your Will regularly to ensure it continues to reflect your wishes and circumstances
As your personal and/or financial circumstances change, you should consider updating your Will. Examples include:
Marriage. In England, Marriage will automatically revoke any Will you had in place previously (although this is currently being reviewed by the Law Commission). That is not the case in Scotland, and even more reason why a previous Will should be updated to ensure it benefits the intended parties. A change in family circumstances, for example, having children or grandchildren. Divorce Significant changes in your financial situation
It's recommended that you look over your Will every three years to assess whether there have been any changes to the law or tax allowances which could affect your Will and wider estate planning.
Recommended reading:
Can I include my cryptoassets in my Will?
Cryptoassets will automatically form part of your estate on death if they are held in your individual name.
It is not always necessary for you to specifically include a reference to your crypto assets in your Will, but care should be taken to ensure that there are sufficient powers in your Will to allow your executors to deal with these assets after your death.
It is also important that you make your professional advisor aware of any cryptoassets you may own so that they can discuss with you what provision you have made for these to be accessed after you die.
Ultimately, a Will ensures that your family members receive what you intend them to when you are no longer here. Seeking robust and specialist legal advice to help you write a Will is a crucial part of that process.