Will my partner inherit everything when I die? A new change in the law does not dispel misconceptions about dying without a Will.

A change in the law gives spouses and civil partners more money when an individual dies without a will, but many misconceptions about who inherits remain.

When someone passes away in England and Wales without leaving a Will, they are deemed to have died ‘intestate’. This means that the rules of intestacy apply.

Many people believe that their spouse or civil partner will inherit everything if they were to die intestate, however this is not true for all cases.

Where a person who is married or is in a civil partnership dies without having made a will, their surviving spouse or civil partner is entitled to inherit all jointly owned property, the deceased’s personal chattels, and a statutory legacy. Everything that is left over is divided in half, with half going to the surviving spouse or civil partner and the other half being split equally between the deceased’s children.

A new change in the law has increased the statutory legacy, meaning that spouses and civil partners are entitled to inherit a sum of up to £322,000 from their late spouse or civil partner’s estate (this sum was previously £270,000).

Although the change in the law makes spouses and civil partners entitled to more money when their partner dies without a Will, for large estates spouses and civil partners will not get everything.

Moreover, if a person is not married or in a civil partnership and dies without leaving a Will, their partner will only inherit assets which were owned jointly between the couple, such as a joint bank account or a house owned as joint tenants.

The myth of ‘common law marriage’ remains a myth. Even where couples have been cohabiting for decades, and may even have children together, if one dies without a Will then the surviving partner will only be entitled to assets which were owned jointly.

Making a Will provides greater certainty that the loved ones you wish to inherit from your estate will.

By making a Will you, not the state, can decide who you want to inherit your assets and provides peace of mind to your loved ones.

Here at George Green LLP we have a dedicated and experienced team that can help with preparing Wills and estate planning.

Preparing a Will using our services can provide certainty for clients and families that the Will has been drafted by legal professionals with a wealth of expertise when it comes to Wills and the law.

We offer a variety of types of Wills to meet each client’s individual needs and circumstances, such as straight forward mirror Wills for couples and more complex Wills with trusts and estate planning.

If you or a family member or friend would like to enquire about making a Will then please get in touch with our Private Client team on 01384 410 410 or complete our online enquiry form.