What is Intestacy?

If you die without making a Will THE STATE MAKES ONE FOR YOU!

At present in England and Wales your estate is distributed as follows:

1. With no children, parents, brothers, sisters, nephews or nieces - the spouse inherits everything.

2. If there are children, the spouse takes the personal chattels (car, furniture, clothing etc.) and £125,000 and INCOME ONLY from HALF of the residue (the balance) The children are entitled to half the residue when they are 18 (or if they marry earlier) PLUS the other half of the residue on the death of the surviving parent.

3. If there are no children but there are parents, brothers, sisters, nephews or nieces, then the spouse takes the personal chattels plus £200,000 plus half the residue.

The other half of the residue is given in order to either:

a) parent(s) or if they are dead then to

b) brothers and sisters or if they are dead then to nephews and nieces

4. If there is no surviving spouse then everything is taken by:

a) children but if none then by

b) parents but if none then by

c) brother, sisters or nephews and nieces

d) grandparents but if none then by

e) uncles, aunts or cousins - but if none then by

f) The Crown

Can you see any problems with the above arrangements? Do you know anyone who would be pleased to have their property disposed of according to one of the above formulae.?

There are so many well documented cases of extreme hardship and difficulty resulting from people dying intestate.