Intestacy
When you die without leaving a valid Will, there are strict rules in place known as the ‘Intestacy Rules’ which decide how your estate is divided. The rules have no regard for your previous relationships with those people, which can mean your estate passes to an estranged family member.
Intestacy in Chesterfield, Sheffield, Dronfield and Mansfield
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Intestacy Rules - What happens when there is no Will?
If your loved one dies without leaving a valid Will, there are strict rules in place known as the ‘Intestacy Rules’ which decide how their estate is divided.
When you die without leaving a valid Will, there are strict rules in place known as the ‘Intestacy Rules’ which decide how your estate is divided. The rules have no regard for your previous relationships with those people, which can mean your estate passes to an estranged family member.
The only way to truly guarantee that your estate is given to whom you wish is to write a Will. Our specialist team at Banner Jones can guide you through the different types of Wills so that we prepare the right one to suit your circumstances. Families can be complex and it’s important to have a Will written that reflects your wishes properly.
For more information or to make an appointment please call 03300176309.
What are the Intestacy Rules?
The Intestacy rules which are enforced when there is no Will, are as follows:
If you’re married or in a civil partnership and you die intestate, your spouse or civil partner will NOT automatically receive all of your estate. They will only receive your personal possessions, along with:
- From 26th July 2023, the first £322,000 of your estate, personal chattels and half of the rest of the estate. The other half of the estate will go to any children, grandchildren or great grandchildren.
- If you have no children then they will get all of the rest of your estate
- If your estate is worth less than £322,000 your spouse or civil partner will inherit the whole of your estate and your children will receive nothing.
If you are going through a divorce we advise that you write a new Will without delay. If anything were to happen before the relationship legally ends your spouse would still be entitled to inherit, and depending on the value of the estate your children may get nothing.
Please note:
- Step-children are not considered to be your children and will not be provided for under the intestacy rules. You must legally adopt them or write a Will to ensure they are provided for
- The law does not recognise “common law” partners, if you are cohabiting and have not made a Will there is no guarantee that the partner will benefit
- If you have joint bank accounts, the account passes automatically by survivorship to the other joint account holder
- In most cases your home is the biggest asset during your lifetime, which in turn can make the life insurance pay out significant upon death. Only a Will can guarantee where this goes and how it is divided
- The way in which you own property and land together can make a difference to who inherits it upon death.
Recent case example
Mr B came to make a Will even though he is not married and has no children. He has just purchased a property in his sole name therefore has decided to make a Will. He did this because he was aware that if he died without having made a Will, his estate would pass to his biological father under the intestacy rules. Mr B has no relationship with his biological father, his mother has already passed away and therefore he does not wish his father to inherit anything from him. By making a Will Mr B has now ensured that his assets/estate will pass to whom he wants to benefit.
By leaving a valid Will that says clearly who should get your property and money when you die, you can prevent unnecessary distress at an already difficult time for your family or friends. We’ve seen unmarried parents have to sue their own children to get a share of their partner’s estate when their partner dies, simply because the law states that in this situation the children get everything.
The word ‘valid’ is the key here as someone may think they are covered as they’ve written a Will at home, but if it has not been witnessed properly for example then it will be deemed invalid and the intestacy rules will still then apply.
What happens if there is no Will?
If you die intestate leaving no surviving spouse or civil partner, your estate will be distributed in the following order, which is:
- If you have children (including legally adopted), they will inherit all of your estate in equal shares when they reach 18 (or if they marry before 18). If a child has already died, his or her children (the grandchildren) will inherit their share of the estate.
- If there are no children, your surviving parents will inherit your estate in equal shares.
- If there are none of the above, your brothers and sisters will inherit in equal shares. If a brother or sister has already died, their children (your nieces and nephews) will inherit their share of the estate.
- If there are none of the above, your half-brothers and half-sisters will inherit your estate. If a half-brother or half-sister has died, their children will inherit their share of the estate.
- If there are none of the above, your grandparents will inherit your estate in equal shares.
- If there are none of the above, your aunties and uncles will inherit your estate. If an auntie or uncle has already died, their children (your cousins) will receive their share of the estate.
- If there are none of the above, your half-aunties and half-uncles will inherit your estate. If a half-auntie or half-uncle has already died, their children will inherit their share of the estate.
- If you have no surviving blood relatives, your estate is passed to the Crown.
Why Use Banner Jones?
Solicitors are Insured
Solicitors are insured and regulated. Will writers are not. Protect your family properly.
- We have offices in Chesterfield, Sheffield, Dronfield and Mansfield
- Highly regarded team of qualified Will Writers
- FREE secure Will storage for life
- Members of 'The National Will register'
- Appointments not always necessary
- Quick turnaround
- Home / Hospital visits available
- Witnesses provided
- We'll give you tax advice as part of the process
- Fixed Fee Promise on all Wills
- We will cover every detail leaving you able to relax
For more information about Wills, or to arrange an appointment, call * or email info@bannerjones.co.uk.
*calls cost no more than a local 01 number and are included in your mobile minutes.
Want to know more?
Wills and Planning for the Inevitable
Why Should I Use A Solicitor To Make A Will?
10 Reasons Why You Need a Will
Writing a WIll
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Mrs S, Chesterfield
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Mrs E, Chesterfield
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Mr & Mrs S, Chesterfield
I am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mrs F, Old Whittington
From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mr G, Chesterfield
I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs S, Chesterfield
Will Writing
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Mrs H, Ashgate
Probate Administration
Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.
Mrs L, New Tupton
We had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.
Mr & Mrs G, Old Tupton
The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs T, Sutton In Ashfield
Being left on my own to make another Will was hard for me, but it was made easier by the staff of Banner Jones. It was dealt with quickly, sympathetically and was able to help Ashgate Hospice.
Mrs S, Newbold
Excellent service, friendly and professional. I could not have asked for better.
Mrs M, Grangewood
Excellent service from start to finish at a very difficult time.
Ms D, Danesmoor
Very helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, Dronfield
Clear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs M, Chesterfield
Will Writing
Very happy with services offered by professional people.
Mr & Mrs H, Mansfield
Writing a WIll
I would give you 10/10. Very good.
Mrs P, Bolsover
Thank you for helping me prepare my Will. I thought it may be a daunting experience, but I was given great advice by Becky. I think it is also a fantastic idea to donate to the John Eastwood Hospice.
Mr S, Forest Town
Thank you for dealing with everything in a professional, pleasant and friendly manner.
Mrs R, Mansfield
Very friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mr & Mrs L, Grindleford
Will Writing
A very friendly and helpful service from start to finish.
Mrs C, Shiregreen
I found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mr L, Chesterfield
The service I received couldn't have been better!
Mrs C, Chesterfield
Your sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mr & Mrs J, Barlow
Excellent service – friendly staff explained everything to me in ways that I could understand.
Mrs C, Bolsover
My Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mr S, Brimington Common
Our experience with Banner Jones was friendly and efficient.
Mr & Mrs H, Brockwell
Put everything in black and white and Banner Jones “Will” see you right.
Mrs W, Shuttlewood
Everything in plain English.
Mr & Mrs S, Crookes
Very prompt & efficient service provided, meeting a tight schedule.
Mr C, Mansfield
Thank you for your excellent service, prompt attention and being kept up to date.
Mrs P, Old Whittington
We were very pleased with the process of making our Wills. All very professional, private and helpful. All our requests dealt with and happy with the cost.
Mr & Mrs R, Shirebrook
The service I got was excellent. Staff were really helpful. The solicitor that dealt with my case was really helpful and I thank her. I would recommend this firm to anyone.
Mr M, Chesterfield
Excellent, professional and supportive communication throughout. Thank you very much, Kat.
Mrs B, Shirland
Yours has been an excellent service on the three quite different matters you have dealt with over several years. We have total confidence in Banner Jones and will continue to regard you as our first choice solicitors.
Mr & Mrs H, Dronfield
Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mrs W, Mansfield
We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington
Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire
Kat, the solicitor who assisted in arranging for the deputyship for my mother was extremely helpful in what I call distressing time where control of my mothers affairs have been passed onto me. Many thanks Kat for the pleasantness.
Mrs H, Chesterfield
I have always experienced complete satisfaction with Banner Jones and their services over the last 15 years.
Mr & Mrs R, Sheffield
Very clear communication, all of my questions were answered and nothing was rushed.
Mr & Mrs F, Chesterfield
Banner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr T, Chesterfield
Natalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mrs M, Mansfield
All my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mr P, Derbyshire
Excellent, professional service.
Mrs M, Mansfield
Very good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs F, Chesterfield
Outstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Mrs K, Sheffield
We recieved a promt, helpful and most efficient service. I wouldn't hesitate to ever use Banner Jones Solicitors again.
Amy was excellent - Thank you so much for all your advice.
Ms E, Chesterfield
I would just like to pass on my comments with regards to the first class service we received with the estate of my dear late mother.
We have been dealing with Banner Jones and I would like to say they have been excellent throughout. We have found them to be extremely efficient, helpful, understanding and friendly at this difficult time.
Also very accommodating with appointments as I work full time.
I would also comment she was very patient in dealing with my elderly father who struggles with severe hearing difficulty.
I have no hesitation in using your services again, we will shortly be making appointments to update the will for my father and in due course I will also be updating my own will with Banner Jones as all of our family affairs are with your company.
I will have no hesitation in recommending Banner Jones Solicitors to others, once again, thank you to you all.
Ms Carpenter
Banner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs W, Chesterfield
Kathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs R, Chesterfield
Excellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mrs B, Nottingham
Excellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr B & Mrs M, Chesterfield
Excellent Service from Banner Jones. Thank you.
Mr & Mrs L
Very helpful and understanding. Thank you.
Mrs B, Chesterfield
Very thorough, professional and friendly service, thank you.
Mrs K, Chesterfield
Friendly, and vey helpfull staff.
Mr & Mrs J, Mansfield
Excellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mrs P, Chesterfield
Natalie at Banner Jones helped us update our Wills. She was very thorough whilst being sensitive to our situation She made it an easy, simple process. We recieved our Wills quickly and completed the matter within 3 weeks!
Mr & Mrs F, Chesterfield
Very pleased with the service recieved. Natalie was a very pleasant and efficient person to deal with. I wouldn't hesitate to recommend your services. Thank you.
Mrs B, Chesterfield
Excellent service, all matters were dealt with in a very professional way.
Mr M & Dr R, Sheffield
We used Kat Wheeldon at Banner Jones for our Wills and Powers of Attorney. We always had a friendly but professional service. Details were explained clearly so that we understood exactly what was involved and required. Fees weere explained straight away. We shall return to Banner Jones for any further legal work.
Mr & Mrs Diprose
First class service. many thanks for your help from start to finish.
Mr & Mrs C, Chesterfield
I have been with this solicitors since the 60's and I have always been happy with this company. I was very happy with seeing Amy about my Will, she was very helpful.
Miss W, Mansfield
Both Natalie and Stacey were very friendly and I had a professional service for both my house purchase and Will. The staff were very nice to talk to and helped me with every step if I was unsure what to do. Will highly recommend to friends and family.
Ms L, Chesterfield
Outstanding service from start to finish.
Mr & Mrs B, Mansfield
Thank you so much for your excellent service in helping me making a Will.
Mrs B, Mansfield
We were very happy with the service provided.
Mr & Mrs W, Dronfield
Thank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mrs W, Chesterfield
On behalf of Darren and myself I would like to thank you both for all your help and assistance in this matter.
Excellent and efficient throughout and handled with a professional and sensitive approach.
Mr T & Mr D
I would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mrs L, Dronfield
All staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs T
Thank you for last weeks meeting which we both found very informative, friendly and helpful. You were able to reassure us and put our minds at rest about the number of issues. Thank you once again.
Mr & Mrs B, Derbyshire
Everything involved was dealt with in an exceptionally professional manner. Amy was a very friendly person to deal with, very knowledgable and also very sympathetic and sensitive to our needs. We could not have been better served!
Mr & Mrs W, Nottinghamshire
Because we are in our 90's and only essentially amending our Wills, Amy was very patient and extremely sensitive to our situation. She explained the issues involved in a manner whcih was very easy to understand. She gave us a great deal on confidence and we were extremely happy with the outcome.
Mr & Mrs W, Mansfield
All staff (off all levels) were very friendly & helpful. Tea/ coffees were made available at the outset and not as an afterthought. I can see no reason at all to not use Banner Jones again for any other aspects of my affairs! Thank you!
Mr M, Chesterfield
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Mrs F, Mansfield
Always found very good service. I would highly recommend.
Mrs A, Mansfield
Very friendly and plenty of time and patience to explain every detail.
Mr B & Mrs S, Mansfield
Banner Jones are excellent. I would definitely recommend to anyone.
Mrs F, Sheffield
Very pleased with the whole process. Amy was very helpful and understanding.
Mr & Mrs R, Mansfield
Amy was very kind and helpful. Always polite and goes the extra mile to source help.
Mrs L, Mansfield
Thank you Anna and Natalie - This was a great experience as you made everything go so smoothly. We very much appreciate you working within our tight timeframe.
Mr & Mrs W, Derbyshire
I found the whole service extremely friendly and professional.
Mr & Mrs B, Chesterfield
As far as I am concerned, Kat Wheeldon's service at Banner Jones is excellent.
Mrs W, Chesterfield
I do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs G, Chesterfield
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