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Jun 5, 2019 · In this article I explain some of the legal implications if your husband or wife dies without having a legally valid will in place. Who can deal with your spouse’s things? The legal authority to deal with a deceased person’s estate rests with the deceased’s ‘personal representative’.
If a person dies without leaving a will, they’re called an ‘intestate person’. Usually married partners, civil partners, and some relatives can inherit under the rules of intestacy. However, the rules can be complicated. Check if you can inherit if someone dies without a valid will on GOV.UK.
- Register the death within 5 days. Check what to do if: the death has been reported to a coroner. the death happened outside the UK. you're registering a stillbirth.
- Arrange the funeral. Find bereavement services from your local council. Get help paying for a funeral. Get help paying for a child's funeral. Find bereavement help and support.
- The Tell Us Once service allows you to inform all the relevant government departments when someone dies. Use the Tell Us Once service to tell government.
- You might be eligible for financial help. Check if you can get: Bereavement Support Payment if your spouse or civil partner has died. Guardian's Allowance if you're bringing up a child whose parents have died.
Find out who is entitled to a share of someone’s money, property and possessions if they die without making a will. Start now.
- Immediately after someone dies. The first thing to do when someone dies depends on the circumstances of their death. If someone dies at home and their death was expected.
- Register the death. It's a legal requirement to register a death within 5 days of the death (unless it's been referred to the coroner). A burial or cremation cannot go ahead until the death has been registered.
- Tell organisations and government services about the death. When someone dies, you must get in touch with certain organisations to let them know as soon as possible.
- If the person who died had a lasting or enduring power of attorney. If the person who died had a lasting or enduring power of attorney, this automatically ends when they die.
Inheritance tax might have to be paid if the estate is valued at more than £325,000. There are some exceptions to this rule, for example, if the husband, wife or civil partner inherits the estate. If the person who died owned their home, or a share in it, another £175,000 might be tax free.
Simply put, if you have a legally binding will when you pass away then the dictates of that document will determine what happens to your assets - so if you have listed your spouse as sole beneficiary, they will receive everything, or exactly how much you have given to them in the will.
