No, this is not true.  Amy Davis, a paralegal in our Wills, Trusts and Probate team says that one of the most common misconceptions she comes across is that clients believe that if they were to die without a Will, their Estate would pass to the Crown. This is not actually true. It would in fact pass in accordance with the Rules of Intestacy.

The Rules mean that the spouse is prioritized, receiving up to the specified maximum amount. Following an amendment to the law implemented from July 2023, this means that a spouse can inherit an initial legacy of £322k, even if the Estate is far larger than this amount.  This specified maximum amount is called the Statutory Legacy. Half of any remaining assets above the £322k are then given to the children of the deceased. Jointly owned assets are dealt with differently.

Dying without a Will can often mean that family members who you did not want to benefit, will do so by default.

The Crown would only benefit from your Estate there no known relatives can be traced, according to the Rules of Intestacy. Even then, 12 years must pass before the Crown or Duchies of Cornwall or Lancaster become the owners. However, it is still possible to claim part of the Estate for up to 30 years following death, without any interest being paid.

The best way to avoid any undesirable outcomes is to ensure that your wishes are recorded with an accurate Will.

Get in touch
If you’d like to discuss making or updating your Will with us, our friendly and experienced team would be pleased to hear from you. You can call us on 01872 241408 or email info@penderlaw.co.uk