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Dying without leaving a Will could mean...
In the absence of a signed Will the government dictates who gets what of your estate, depending on your domestic circumstances:
Married with Children (separated people are treated under these rules as still being married)
Your spouse gets:
- car and house contents, plus
- first £250,000 of your estate (prior to 1st Feb 2009 was £125,000), plus
- 6% interest on half of any surplus (only interest, your spouse cannot touch the capital)
Your children (stepchildren get nothing) get:
- half of any excess over £250,000 outright, plus
- the other half of the excess when your spouse has also died
Married with No Children but with Parents and/or Brothers and Sisters
- Your spouse gets:
- car and house contents, plus
- first £450,000 of your estate (prior to 1st Feb 2009 was £200,000), plus
- half of any excess over £450,000 outright
- Your parents or (if none alive) your brothers and sisters get:
- Balance i.e. half of any excess over £450,000 outright
Married with No children and No Parents or Brothers and Sisters
Your spouse gets everything
Single, Widowed or Divorced (but not separated)
Everything goes to your children (if any), otherwise to your parents (if alive), otherwise to your brothers and sisters (or their children), otherwise your grandparents (if alive), otherwise your uncles and aunts (or their children), otherwise to the government!
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