Fast FAQs

I'm married with children - what happens to my estate if I don't make a will?

If you have assets of less than £125,000, and die intestate (ie without making a will), then your spouse or civil partner will be entitled to the whole of your estate (ie what you leave). The children get nothing.

If you die intestate with assets worth more than £125,000, and with children (from this or any earlier marriage), your spouse (or civil partner) is entitled to:

• your 'personal effects' (household goods, car, tools etc);
• the first £125,000 of your other assets; and
• a 'life interest' in half of the rest.

Having a life interest in half the rest means that your spouse (or civil partner) is entitled to the income (or other benefit) arising from it during their lives, but not to the assets or money (the 'capital') itself.

Your children are entitled to the other half, equally. If any of your children pre-decease you, then their share is divided equally between their children. When your spouse (or civil partner) dies, your children also get the capital in which your spouse or civil partner had a life interest.

So if, for example, you were married with two children, and died intestate leaving £225,000 as follows:

• your personal effects;
• a house worth £200,000;
• £20,000 of life assurance; and
• £5,000 in your bank accounts,

your spouse would be entitled to your personal effects, and the first £125,000 of your assets. However, the remaining £100,000 would have to be split. Your spouse (or civil partner) would be entitled to a life interest in half of it, and your children to £25,000 each. If, say, one of them had pre-deceased you, leaving two children, they would split their parent's share, getting £12,500 each. If your children (or grandchildren) wanted their share immediately, and your spouse did not have the cash available, he (or she) could potentially be forced to sell the house.

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