What happens when there is no will?

Many people erroneously think that their Estate will go to their partner when they die. This isn’t necessarily the case. For Example, an unmarried partner will be entitled to nothing.

Even a spouse may not receive the entire Estate and worryingly, may not receive enough to maintain their current lifestyle.

A will is invalid if:

  • the will maker subsequently gets married or remarried, unless the Will itself states that it is made in contemplation of that marriage and that it will be effective afterwards.
  • a Will is not made under the correct procedures.

And also note that:

  • a Will that is not clear under the law is open to challenge and your wishes may be overruled.
  • getting divorced does not cancel a Will, but a gift to a divorced spouse will lapse unless a contrary intention is expressed.