No Will Vs having a will
Intestacy and a will are two different legal concepts concerning the distribution of a person's estate after their death in the UK.
Intestacy: When someone dies without having made a valid will, they are said to have died "intestate." In such cases, the distribution of their estate is governed by the laws of intestacy, which are set out in legislation. These laws determine who inherits the deceased's property, money, and possessions. Typically, the spouse or civil partner and children of the deceased are the primary beneficiaries under intestacy laws, but the specific distribution depends on the family situation.
Typically in the UK, the spouse or civil partner will receive the first £322,000 of the deceased estate and the rest will be divide in equal share 50% of the spouse and 50% accross the children. If there are no spouse or children, the next level is according to the living bloodline, starting withe the deceased parents, then siblings and so on.
Intestacy rules do not recognise unmarried partners, charities, friends, children of an unmarried partner for example.Will: A will, on the other hand, is a legal document that allows a person (the testator) to specify how they want their estate to be distributed after their death. In a will, the testator can name beneficiaries, appoint executors to carry out their wishes, specify funeral arrangements, and make other provisions such as guardianship for minor children. Creating a will provides the testator with control over the distribution of their assets and ensures that their wishes are followed after they pass away. To be valid, a will must meet certain legal requirements, such as being in writing, signed by the testator in the presence of witnesses, and witnessed by individuals who are not beneficiaries.
In summary, intestacy occurs when someone dies without a will, and their estate is distributed according to the laws of intestacy. Conversely, a will allows a person to determine how their estate will be distributed, appoint executors, and make other important decisions regarding their assets after their death.
