What happens if a person dies without a Will?
A person who dies without a Will is said to have perished ‘intestate’. Therefore, their assets must be distributed according to the laws of intestacy, regardless of whether this is what they would have desired. Remember that the intestacy rules may not align with your preferences. If you have dependent children, the court will appoint a Conservator in the interim. Again, this person may not be the one you would choose to care for your children after you pass away, which is why it is so crucial to create a Will.
In addition, a person who dies intestate may not take full advantage of the inheritance tax spousal exemption. The exemption applies when you transfer your estate to a spouse or civil partner; without a Will, other relatives may be entitled to some of your assets, meaning that those legacies would not be exempt and inheritance tax could be owed if they exceeded your negligible rate band.