It is a widely held misconception that all of a person’s assets will automatically pass to their spouse when they die, irrespective of whether or not they have made a will. Many are therefore surprised to learn that there are set rules for the division of assets when a person dies intestate (that is, without having made a will).

Under current rules, where the deceased leaves behind a spouse and children, the spouse is entitled to the first £250,000, the personal possession and a life interest in half of the remaining estate. If the deceased had no children, but is survived by their parents, the initial entitlement increases to £450,000, with an absolute entitlement to half of the remaining estate.

But many will be startled to hear that the rules lead to them having to share their spouse’s estate with their in-laws.

The safest way to ensure that you or your spouse are protected is to make a Will. This will ensure that your assets will go to who you want upon your death. The cost of making a Will is usually much lower than most anticipate. For further information, or for an informal chat, our Lifetime Planning team will be happy to help.

However, should you find yourself in a position where your spouse’s estate does not make sufficient provision for you, our Contentious Probate team can provide you with help and advice on the possibility of making a claim for additional provision from your spouse’s estate.

Our specialist team of solicitors includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS). Consultant Solicitor Neil Jacobi is a Full Member, and Associate Solicitor Richard Howells is an Associate Member. Both have completed a stringent and specialist diploma of 2-3 years in length to qualify for membership to ACTAPS.

For more information please contact Richrad Howells on 01792 529614 or email richard.howells@jcpsolicitors.co.uk