What is 'dying intestate'?

What is 'dying intestate'?

Dying intestate is the technical expression used by lawyers to describe the situation when the deceased hasn't made a will. When that happens, the rules of succession, intestate succession, apply. They are statutory rules which state who will inherit and under what circumstances. It is best to make a will to override the rules of intestate succession that can create problems. For example, a wealthy person dies, and has an estate which is well in excess of two hundred thousand pounds. The surviving spouse/civil partner receives a statutory legacy of two hundred thousand pounds. They then receive half the remainder of the estate absolutely. The children are entitled to the other half of the estate when they become adults i.e. when they are 18. This can cause problems because it may be that one of the children decides they want their inheritance now, which means that the surviving spouse may have to move from the house, a business might have to be sold, or a farm might have to be sold to provide the necessary money for the child that wants their money at that particular moment. This is one of the prime examples of a situation whereby you should make a will to override the rules of intestate succession.