Many people push making a will to the bottom of their to-do list but making a will can help families to avoid so much stress after someone has passed away. Many people under the age of 55 don’t have a will and whilst it might sound a little somber we really don’t know what is around the corner. In this blog we explore specifically what happens when a married man dies without a will.
Dying without a will can leave the administrator or executor of a will in a difficult position with loved ones and family members. Making a will provides peace of mind that everything is in place, if not Intestacy rules come into effect which can see homes and savings failing to go to the people they’re intended for, it will ensure that there are no lengthy or expensive legal battles with current family members or those from a previous relationship.
Marriage and Intestacy
Being married to or in a civil partnership with a man doesn’t automatically mean you will receive 100% of his estate after death by default. The Intestacy Rules in England and Wales state that if a married man dies without a will the spouse will receive only a certain amount of the estate, up to £270,000 that corresponds to the statutory legacy and half the estate above such statutory legacy. If your husband or civil partner has children/adopted children from your marriage/partnership or a previous one the other half of the estate will be distributed to the children. If there are no children the spouse/partner will receive 100% of the estate.
If you are not in touch with your spouse’s children and need to locate them for Intestacy purposes, a heir finding service is one of the best places to start.
If your partner is still married to a previous partner
In the case of men who are still legally married/in a civil partnership with a previous partner and have not yet divorced the rules of intestacy state the individual that they are still legally married to will inherit half of the deceased’s estate. So whether you have lived with your partner for five weeks or fifteen years and they are still married, the rules of intestacy are the same.
Intestacy rules flowchart
Our Intestacy rules flowchart chart provides a visual overview of the Intestacy rules.
Making a new will following a new marriage
Intestacy rules also apply if a will was made before a marriage/civil partnership. Failure to update a will following one of these unions will result in the will being void. This is something to consider.
Finding a will
If there is no trace of a will and you believe the deceased may have made one at some point it is well worth carrying out a will search using Willfinda, this could help you find something rather than relying on Intestacy rules.
Do you need to make a will?
The bottom line is that making a will is extremely important, not only will you have peace of mind once it is done, it will save a huge amount of time for your family in the event of your death. It also means that the people that matter the most to you are included in your will and could include your own parents, step children, cousins, carers or charities that are close to your heart. For wills and estate planning head to IWC where you can find all of the information and support you need.