Many people overlook drafting a will and die intestate. The intention is often there but for many reasons their will is never drafted. We often find that due to minor hesitations regarding who will inherit, or uncertainty as to the process of drafting a will, lead to this outcome. This can lead to potential problems for your relatives, never more than for the surviving partner of a co-habiting couple, if you are unmarried. The latest Government statistics suggest that there are 3.6 million cohabiting couples in the UK. Extended families are more complex than in previous generations and second marriages often bring much loved step-children that a testator would like to include as a beneficiary when they make a will. You may also have children from a first marriage and children from a second marriage.
It has recently been disclosed that Liam Payne died intestate, which means that his entire estate will be inherited by his son Bear. This will likely be held n trust for him until he is at least 18 years old. His girlfriend at the time of his death, who suggested that marriage had been discussed, shall receive nothing, unless she can prove that she was financially dependent on Mr Payne, in which she may be able to claim reasonable financial provision. This application would need to be made within six months of the Grant of Letters of Administration.
Of course, such circumstances are less likely to arise when a comprehensive will is validly executed, leaving the appropriate gifts to those who you wish to inherit from your estate. If you fail to make a will your estate will be divided under the Intestacy Law governed by Administration of Estates Act 1925.
Intestacy Law Provisions
If you are married or in a civil partnership and have children
Your spouse or civil partner receives:
- All your personal possessions
- The first £322,000 of your estate (updated in 2023)
- Half of the remaining estate
- Your children receive the other half of the remaining estate, which is divided equally. If a child has died and they have children their share passes to them.
If you are married or in a civil partnership and have no children
- Your spouse or civil partner inherits everything
If you are unmarried and have children
- Your children inherit the entire estate equally.
- If a child has died, their share passes to their children.
If you are unmarried and have no children your estate is distributed to relatives in the following order of priority:
1. Parents
2. Siblings (or their children if siblings have died)
3. Half-siblings
4. Grandparents
5. Aunts and uncles
6. Half-aunts and half-uncles
If no relatives can be found, your estate passes to the Crown, known as bona vacantia.
Cameron Jack commented "Drafting a will ensures that your wishes are clearly expressed and legally recognised after your death. Simply
verbally telling your beneficiaries that you wish to leave them part or all of your estate is insufficient. A will is a legal document, without one, your estate will be divided according to the rules of intestacy, which may not reflect your preferences or adequately provide for your loved ones". Cameron further commented "if, after having made a will, you wish to revoke it and change your beneficiaries, it should be made crystal clear that the terms your new will should be met. When making a Will, you must have sufficient mental capacity, and therefore it is immensely important that your wishes are recorded as soon as possible, legally, before any unfortunate intervening circumstances may occur. Your beneficiaries, or those who may expect to inherit, should be aware of the changes, to avoid allegations of collusion or undue influence. It is important that legal advice is taken, to help protect against concerns about challenging the will in the future."
One key reason to make a will is to have control over who inherits your assets. You can specify beneficiaries, allocate specific gifts, and even make provisions for charities or friends who would not otherwise receive anything under intestacy laws. A will also allows you to appoint executors—trusted individuals responsible for administering your estate and ensuring that your wishes are carried out efficiently and correctly.
A properly drafted will can also help minimise family disputes, legal complications, and potential inheritance tax liabilities. By clearly outlining your intentions, you reduce ambiguity and the likelihood of your estate being contested in court. In essence, creating a will is not just a legal formality—it is a thoughtful and responsible act that provides peace of mind and ensures your legacy is managed according to your values and priorities. Giambrone & Partners' lawyers have extensive expertise in advising individuals on the terms of their will to enable their beneficiaries to receive the bequests intended. Our lawyers also represent beneficiaries in contentious cases when a dispute arises.
Cameron Jack studied both English law and Scots law and graduated from the University of Dundee.
Cameron has considerable expertise in both family law and employment law are is also part of the LGBT+ team at Giambrone & Partners LLP.
He advises on a wide range of family law, including complex contentious matters. He specialises, in particular, in divorce and financial remedy proceedings, assisting clients with financial agreements and child arrangements. Cameron assists international clients on their family affairs. He also often assists LGBT+ clients and is empathic to the personal circumstances of clients.
Cameron has also advised in high-value financial cases where he has assisted in resolving complicated financial disputes involving assets in family businesses and trusts and is well-regarded by clients.
Cameron's expertise also extends to employment law where he specialises in mediation and dispute resolution. He works tirelessly to resolve complex situations for his clients working tirelessly to resolve complex situations for his clients.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
