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Best Last Will And Testament Information Probate And Intestate, What will happen if I don’t make a will? Don't Say No!

Updated on April 10, 2012

So you are looking for the best last will and testament information? Here we cover probate and intestate. Have you considered what will happen if you don't make a will? Well, one thing is for sure, do not leave it! Here, we tell you why.

There is one thing always for sure - death and taxes! This article centres around what would happen by not making a will.

The next of kin can run into all sorts of obstacles by an attitude of denial. By not making a will, a will may end up in the hands of strangers... potentially the Crown!

To make a will, therefore, is a necessary evil and should be part of the living process.

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Death costs can be more costly than you may have wished. This is of no benefit to the loved ones that you leave behind! Live today and plan for tomorrow for a happy life now with a will!

Dying Intestate
Dying Intestate

Intestate Goes To Probate!

This is called Intestacy – it is dying without a will. This means that certain rules updated on February 1st 2009 will decide what will happen to your estate. This means that your money and possession will be allocated as laid down by the intestacy rules (Administration of Estates Act 1925). If you have no living relatives the state will have everything belonging to you. If you have surviving members, here is a brief outline of these rules:

Probate Court's Make Decisions After Your Death - Make A Will Now!

The Effects of Probate on Loved Ones

Think About Who You Want Your Worldly Goods To Go To NOW!
Think About Who You Want Your Worldly Goods To Go To NOW!

Spouse or Civil Partner Still Surviving? Probate has these rules to go by...

Civil Partnership or Spouse Remaining –

  • If you have no surviving children or other relatives, everything goes to your spouse or civil partner.
  • Less than £250,000 in total for the estate – the spouse or civil partner gets it all.
  • Over £250,000 the spouse or civil partner gets the personal belongings, household goods and contents plus £125,000 on the equity of the estate. They also get lifetime interest on half the remainder of the estate. The children, therefore, hold the capital until your spouse or partner dies, at which point will then receive this.
  • Without children or grandchildren, but the parents are still alive, the surviving spouse or civil partner receives everything below £450,000. Above this amount they would receive all belongings, the first total amount of £450,000 (including investments and savings) plus half of whatever is remaining. The deceased parent’s take the other half.
  • If there are no surviving parents the rule is transferred to any surviving brothers or sisters. They will receive the share of what would have been given to the parents if they were alive.

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The Crown Could Take All What You Want - Don't They Have Enough Taxes?

This is what could happen to you if you don't make a will!
This is what could happen to you if you don't make a will!

If There is No Surviving Spouse or Civil Partner... Probate has these rules to follow

No Surviving Spouse or Civil Partner? The children will share everything. No children alive? Their share goes to the grandchildren. If there are no direct descendants the estate will be inherited in the following priority order:

  • The Decease’s Parents;
  • The Decease’s brothers and sisters of the whole blood, or their children if your siblings have died;
  • The Decease’s brothers and sisters of the half blood, or their children if there is no surviving parent;
  • The Decease’s grandparents;
  • The Decease’s uncles and aunts of the whole blood or their children;
  • The Decease’s uncles and aunts of the half blood or their children;
  • The Crown.

Can you see how complicated this can get for not making a will? So as you can see, without a will there is no control over your wishes. It is important, therefore, to get a will written. As an addition, I have written another article on Video wills. This is a great way to add as an extension to your will. If you want to know more, I have created an article to help you. See the above link for further details!

In the meantime, please watch the following summary and forgive the promotional nature. It is useful and snappy so I thought you might find it beneficial.

© This work is covered under Creative Commons License

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To Summerise - What Will Happen If You Don't Make A Will

Will Testament Templates, Software and Books

Here are some brilliant packages on writing a will. Maybe you would consider doing it yourself, rather than going to a lawyer. Make sure that you follow the instructions and ensure that you have all the relevant witnesses in place. You need to make sure that all is legal and feel confident that you have ticked the boxes and crossed the t’s, so to speak!

Life is For Living! Make the Most of It With a Living Will!

Having a will is very important. Just as important, I believe, is writing a living will. This is not about death, but about living! Having something written takes the burden off of others should there come a time to make decisions over your life. A living will helps to identify health needs should you not be able to communicate these wishes. If you want to learn more about Living Wills, please click here .

In the meantime, it is worth looking at these product recommendations in helping you to create a living will. Don’t just take my recommendations for granted take a look at what other people are saying!


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    • shazwellyn profile imageAUTHOR


      7 years ago from Great Britain

      Absolutely Dan! If only everyone would do this simple task. What a fine example you give!

    • profile image

      Dan Toombs 

      7 years ago

      It's just so important you construct a will sooner rather than later. Dying intestate leaves such an awful mess. Look no further than the current dramas in the estate of Stieg Larsson.

    • shazwellyn profile imageAUTHOR


      7 years ago from Great Britain

      Thank you for this valuable point. In the UK, a will suffices, although the world seems to share common denominators in these systems.

    • MrTrustStore profile image

      Randall Kaiden 

      7 years ago from Oxnard & Santa Clarita, CA

      Excellent Hub! In California though, having a Will is just not enough for most people. They need a revocable living trust so that their estate can avoid a long and expensive probate court proceeding. But making this determination is one of the most important reasons that people should consult with an experienced estate planning attorney in their own area. To leave a lasting fulfilling legacy for your loved ones, people should not rely on anything less.


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