Dying without leaving a will can cause huge problems for the loved-ones left behind, but it seems that a startling number of people are without one.
Estimates suggest that as many as 35% of adults aged over 55 do not have a legally valid will, whilst those in younger groups are significantly less likely to have one. Around 80% of 18-34 year olds are without a will.
Many people are put off by the idea of facing their own mortality, with a quarter of people saying they plan to write a will when they’re older. However, more than one-tenth of people without a will believe that their estate will simply go to their nearest and dearest, automatically.
If you do die without leaving a legally valid will, however, your estate will actually be shared out due to the rules of intestacy. Under these laws fair provision is made for a dependant spouse and other relatives. However, the situation is complicated by things like divorce, step-children and a lack of relatives.
Leaving a will which is legally invalid also means that your possessions will be divided according to the laws of intestacy.
Finally if there are no surviving relatives who are eligible to inherit, then your estate can go to either the Crown or HM Treasury, depending on where you live. (For more details on the intricacies of intestacy, please see the Citizens Advice page.)
Numerous people in the public eye have died without leaving a will, and the ensuing arguments, legal wrangling, and fees, have been well publicised. Lengthy legal battles have been fought over the estates of Jimi Hendrix, Michael Jackson, Barry White, and Howard Hughes, to name but a few.
By leaving a legally valid will you can that ensure that your estate is divided amongst the relatives, charities, and friends, of your choice. MJP Law is happy to assist you with this process, and we can also advise on things like Living Wills, Powers of Attourney and Administration of Estates.
