Have your say: Dying 'intestate'

Loved ones do not automatically inherit your estate

Have you made a will? If not who will get your money, property and possessions?

Not necessarily your wife, husband or civil partner.

If you're living with someone, not your partner at all.

New proposals from the Law Commission (England and Wales) would change the rules for married couples and civil partners and give unmarried couples similar rights to spouses. Though the law is different in Scotland.

Dying 'intestate' can create problems for loved ones left behind.

Has your spouse or partner died without making a will?

Do you think the law is fair?

What are your experiences?

Tell us your views

Send us your views

YOUR COMMENTS

My brother died suddenly at the age of 39 earlier this year without making a will. He had learning difficulties and needed family support throughout his life. Although he had stated who he would want to receive his assets in many conversations with his family, his problems made it difficult for him to undertake the process of making a will.

After his death, we were advised that as he was not married and had no dependants his estate would be shared equally between his surviving parents. Our biological father was not in our lives. But when he was traced he stated that he intends to claim his full entitlement despite, to the best of our knowledge, not having seen my brother since 1991. In the circumstances of this case, this rule has created a deeply unsatisfactory result.
Jeremy, Harrogate

My mum lost her partner of 9 years, and his children from a previous marriage have asked my mum for "everything" that belonged to him - and by law my mum has to give it to them. Even the car that my mum paid half toward. 3 of his children had very little contact with him. They have never offered a penny and my mum gave up her job to care for him so now is left with nothing. His children rang her up 3 days after the funeral asking for all his pension papers. It is so unfair.
Carly, South Yorkshire

I am single and have made a list of "where it all is", which starts: "As you sit at my desk, on the shelf behind you is a row of files; the 1st, named BANK, has details and statements for my current a/c...and so on. I keep this list up-to-date and send copies to my executors and my solicitor. There is a second list of "How to get rid of it all" with suggestions of people to contact to sell my motorbike, my large collection of specialist books, etc.

It does mean that someone will know your business (very un-British!) but the alternative is chaos for the same person at a time when they are already under the stress of grieving.
Keith, Hants

My father died in 2004. He had made a will dividing his estate between his children. My brother was made executor of his will, however my brother decided that I did not deserve my share and has refused to pay me any money, around £65,000. This has stopped my own children from making wills. I have a profoundly handicapped son of 44 who lives at home with me full time and needs care at all times. My brother used the excuse that I never helped with the care of my dad as the reason for my not getting a share. So beware if you write a will, make sure that the executor can be relied upon to carry out your wishes, as you will not be around to do anything about it.
Ms Howden, Surrey

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