When someone dies and there is no Will they are said to ‘die intestate’ the following situations can occur:-
Married Couple with/without Children
(or a same sex couple who have entered into a civil partnership agreement) If one partner died any survivor is only entitled to a maximum of £250,000 if they have children or £450,000 if not. The balance is maintained in a restrictive trust where the survivor can only access a poor rate of interest upon 50% of the balance and is subject to some complicated rules.Minor Children
The law determines who will raise your minor children in the event of your deaths; As a result your children could well become Wards of Court and be placed into state care, particularly whilst the courts are deciding over a period of weeks/months who is most suitable to raise them.An Ex-Spouse/Partner
An ex-spouse or partner could have a claim to some or all of deceased person’s estate. If a claim is made the claimant’s costs can be borne by the deceased person’s estate. The distribution of the estate is delayed until the claim is settled. A current partner may have to sell the family home to settle any claim awarded by the courts.Spouse/Partner have Stepchildren
If you have stepchildren it is possible that you:i. Would like to treat them exactly the same as any natural children you may have (but unfortunately the Law does not).
ii. Would like them to benefit from your estate in the event of your death. The Law gives priority to natural children over stepchildren. Also other family members such as parents, aunts and uncles have precedence. Therefore stepchildren cannot inherit without a Will.