The last thing you do
Dying intestate isn’t the best legacy for your family, especially as the outcomes may not be what you expect.
![](https://bgm.imgix.net/uploads/insight/News/IHT_resized.jpg?auto=compress,format&q=80&w=600&h=450&fit=crop)
The rules of intestacy apply if someone dies without leaving a valid will and differ quite a bit between the three UK jurisdictions.
To understand the importance of leaving a valid will you need only consider all those who have no automatic right of inheritance including unmarried partners; LBGT partners not in a civil partnership; relations by marriage; or close friends and carers.
Spouse and children
You can see the differences between the three jurisdictions by looking at who inherits if someone dies intestate with an estate valued at £800,000 (including personal possessions worth £10,000 and a £450,000 home), leaving a spouse and children (‘spouse’ for this purpose includes civil partners).
- England and Wales: The spouse receives £530,000, with the other £270,000 split equally between the children.
- Scotland: The spouse receives £600,000, with the rest split equally between the children.
- Northern Ireland: If there is just one child then the split is exactly the same as for England and Wales. However, if there is more than one child, the spouse only receives £440,000, with the rest split equally between the children.
The government’s online tool at www.gov.uk/inherits-someone-dies-withoutwill can quickly establish who will inherit if someone dies without a valid will. It covers all three jurisdictions. The rules mean an inheritance could go to someone you might prefer to exclude, such as a former spouse. In England an informal separation does not make any difference to what a spouse receives.
To ensure your estate goes only to whom you want to benefi t, make a will and keep it updated as your wealth and circumstances change.