Dividing up your estate can be challenging.

Your connections with friends and family members can be tested by how you construct your Will, leading to many people not disclosing the contents of their Will while alive for fear of causing offence.

It might seem like leaving everything to your spouse is the simplest way to avoid any disputes, as family politics cannot enter the picture if everyone is treated the same.

However, while not having a Will means your spouse is favoured in the probate process, there are some key considerations you should keep in mind.

How does inheritance work when you are married but do not have a Will?

If you do not have a valid Will, your estate will be distributed according to the rules of intestacy.

For people married at the time of their death, the spouse will likely inherit the entire estate.

However, this is not the case if you have biological children.

Your spouse is still treated most favourably by the rules of intestacy, as they receive the first £322,000 of the estate and half of the remaining amount thereafter.

The other half of your estate above the value of £322,000 will be split equally among your children.

What happens to my home when I do not have a Will?

How your home is treated by the intestacy rules depends on how it is owned.

If you and your spouse own the property together as one single share, you are regarded as joint tenants.

In that case, the individual’s share of the property is automatically passed to the surviving spouse outside of the calculation of the £322,000 or your estate.

The other way of owning your property is when you have a specific share of the property that is split between you and your spouse, making you tenants in common.

The most common way of splitting this is 50/50, but other divisions are possible.

Through the laws of intestacy, your share will be given to your spouse, but this will be included in the £322,000 calculation.

As such, you will need to know the value of your home if you are to truly understand how much of your estate your spouse will inherit.

Should I still write a Will if I want everything to go to my spouse?

A Will is the safest, most effective way of handling your estate as it ensures your wishes are known and can be respected.

If you have children, the only way to give your spouse the full estate, if the value is over £322,000, would be to write a Will.

At Palmers, we are working to help the people of Essex manage their estates more effectively.

This means helping you understand the best approach to Wills and probate that lets you make your wishes known and keep control over your assets.

Speak to our team today for compassionate, professional support with writing and managing wills.