“If you die intestate (ie, without a will), then your spouse or civil partner will inherit the first £322,000 of your estate. They will also receive any personal possessions and half of the balance of the estate above £322k.
“Many people assume that a spouse or civil partner will inherit everything under intestacy. But that’s not the case.
“If, as an individual, you own a house there will be no inheritance tax due on that up to a value of £500,000. With an estate worth over £500k – if you’re giving half of that to the children, then that will be subject to inheritance tax, potentially unnecessarily.
“If it all went to the spouse, they wouldn’t be paying any inheritance tax, but you’d need a will to do that. It’s worth looking at because these days people’s homes are often their largest asset, particularly in London.
“So, without a will your beneficiaries could end up having to sell the property to pay inheritance tax, although there is legislation that allows you to pay over 10 years in instalments. Additionally, if you are not married to your partner, even if you live together or have children, they are not entitled to inherit from you automatically. Again, you need a will to ensure that happens.
“If you have no blood relatives or adopted family and die without a will, your entire estate goes to the Crown, even if you live with your partner or dependent children of your partner.”
PERSONAL TAX
Partner Ingrid McCleave comments on inheritance tax and wills in the Daily Express
28/02/2025
Partner Ingrid McCleave discusses what happens when you die without a will and the consequences this has for beneficiaries in relation to inheritance tax.
Ingrid’s comments were published in the 26 February 2025 print version of the Daily Express.
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