If you die without a will (or intestate) at best it will be inconvenient, at worst some of your most loved ones could be left uncared for and grappling with the court. This is as the courts will oversee who gets your property and is problematic for several reasons.

 

The biggest issue is that your property may not get given to the people you want in the manner you want. The Administration of Estates Act was introduced in 1925, it is easy to assume that morals were a little different at the time. This is even more apparent when we learn that the rule outlined does not act kindly towards unmarried partners who live together. 

 

There is a certain formula the courts use, only allocating assets to married partners or close relatives. This becomes a big issue when you are not formally married to your partner, leaving them with no financial support. This is as, despite popular myths, there is no such thing as a common-law spouse which means a partner that you have lived with for 30 years will not have any legal right to your estate. 

 

The courts don’t take into account the complexity of the modern family and children from previous marriages could be left behind. If your life at home has changed, your property could be left to a spouse that has, for example, moved in their new partner.