What happens if you don't write a will?
What happens if you did not write a will?
is a question that I often get asked by my friends and clients. The answer may not be obvious to everyone, and it certainly can be quite complicated.
In the absence of a Will, the intestacy rules set out in the Succession Act 2006 determine how your estate will be distributed. These rules can be extremely complex and multi-layered, especially where the deceased has children from different marriages or civil partnerships, or where there are children under 18 whose parent has died. In these scenarios, your estate can be shared out in many different ways!
Important note
It is important to note that these rules only apply where there is no valid Will in place. If you have left a Will, it does not matter how complicated your estate is, everything will pass down according to your wishes.
Some of the traps that can occur
However, even among those people who have made Wills, many are unaware of some of the traps that can occur if they do not take certain steps when making their Wills. For example:
- You do not want all of your assets to go to your spouse or partner when you die - what if you have children from a previous marriage?
- You do not want more than 50% of your assets to go to beneficiaries
Deciding based on state laws
If you have not written a will, or do not have a will that is up to date, the court will decide who gets your property. The court will decide based on your state's laws and they may not choose who you would have wanted. If someone dies without a will, it is called dying "intestate."
If you have questions, you can get a free consultation with the Best Estate Lawyers.
Parklin Law - Estate Planning Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
