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Death:
Wills

Whatever the size of your estate you should write a will to organise your financial affairs and other matters following your death. This will be even more important if you have an unusual or complex family, perhaps as a result of divorce and remarriage or if you have dependants who are not blood relatives. Stepchildren, for example, will not inherit unless there is a will. A will is essential in the case of partners who are not legally married, as they have no rights to property in the eyes of the law unless the property is jointly owned.

It is a common misconception that if a married person dies without a will then everything automatically passes to the surviving spouse. This can happen if there are no other surviving relatives (or if everything was owned jointly) but this is not usually the case.

If you have a valid will you are testate. If you do not have a valid will you are intestate.

If you die intestate your estate will be dealt with under the intestacy rules. In England & Wales these are found in the Administration of Estates Act 1925 section 46. (Different provisions apply in Scotland.)


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