The myths around not having a Will

There are 3 common myths surrounding what happens if you don’t have a Will.

My spouse or Civil Partner will inherit everything

Not true.  It depends on asset values and ownership of your assets.

Your spouse/Civil Partner will inherit the joint assets.  The distribution of the rest of the estate is governed by the laws of intestacy and these are different depending on whether you have children or don’t have children.  And this could trigger an unneccessary Inheritance Tax bill because you haven’t fully utilised your tax exemptions.

My partner will inherit my estate as we’ve been together for over two years

Not true.  Partners will only inherit the joint assets.  They inherit nothing else – common law or otherwise – regardless of how long you’ve been together.  Refer to the laws of intestacy for single/unmarried people.

My children will go to my family

Not necessarily true.  It will probably be decided by the Family Court in consultation with Social Services.  They might be made wards of court.  See the page on the importance of appointing guardians in your Will.