He was 58, gone suddenly. He had built a successful business over 30 years. He had two adult children and a partner of 20 years. They never married. They never got around to it.
The house, the business, the savings—an estate valued at just over £1.4 million. His partner presumed she would be secure. She was wrong. Because he died without a will, she inherited nothing. Not a penny. The law dictated that his children receive the entire estate. I watched her world dissolve in a solicitor's office.
The Default Inheritance
When there is no will, it is called dying intestate. The Rules of Intestacy, set out in law, are then applied. These rules are a rigid, emotionless checklist. They do not consider your relationships or your intentions. In this case, an unmarried partner has no status. Legally, she did not exist. Her only recourse was a lengthy, expensive, and uncertain court claim. The plan he never made was replaced by one that tore his family apart.
The Spouse's Portion
Even for married couples, the rules can be a shock. Many assume the surviving spouse gets everything. This is not always true. If you have children and an estate over £322,000, your spouse receives the first £322,000 and your personal possessions. The rest of the estate is then split in half. 50% goes to the spouse. The other 50% goes directly to your children. For a £1 million estate, that’s £339,000 going to the children immediately. This can create unexpected tax bills and force the sale of assets.
A will is not a document about death. It is an instruction manual for the people you leave behind. It provides clarity. It prevents this kind of avoidable damage. These conversations are not easy, but they are essential. If you need to have one, we are here to listen.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.