What does intestacy and intestate mean?

It simply means you don’t have a Will so instead of you deciding what happens to your property, possessions and children – the law decides. Intestacy Rules may not give the result you – or your loved ones – will expect or want:

  • Your husband, wife or Civil Partner may not automatically inherit your property and possessions
  • The rules can work so that your children do not receive anything
  • Children of a previous relationship will often receive nothing
  • A child that lives with you as a ‘child of your family’ but is not your blood relative will be excluded
  • If you do not have immediate family everything will be passed to distant relatives rather than your partner, friends or organisations that you want to benefit
  • You will have lost your opportunity to appoint a legal guardian to look after your child and make the main decisions in the way your child is brought
  • If you are not married or in a Civil Partnership with your partner they are unlikely to receive anything

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