How can your Estate after your Death be left to the State?

How can your Estate after your Death be left to the State?

Take control and make a Will.

There is something of a myth which exists saying that if you die without a will, your entire estate (in other words all that you own when you die, subject to nuances beyond the scope of this blog) passes to the Crown.  The reality is not entirely as straightforward as that.  In this blog we shall explore the two ways in which your estate could ultimately be inherited by the Crown:

The first way, and this is indeed entirely possible, is for you to intentionally leave your estate (or part of it) in your Will to the Treasury.  It is, unsurprisingly, very uncommon!  When someone is organising their affairs, their focus generally tends to be on inheritance tax planning, rather than opting to choosing to gift their estate to the Treasury, but this is entirely possible.  In September 2024 it was reported that in the preceding two decades, 27 people had left money to the Treasury in this way.  Though this is a rather unusual example of how making a Will can allow you to leave your estate to whomever you wish, it does make the point that there is the freedom to choose where your estate passes following your death.  Making a Will is the only way to have certainty and clarity of how your estate will pass following your death.

The second way of how your estate can be inherited by the Crown is dependent on two factors which must be present: firstly, not making a will, and secondly, having no surviving relatives eligible to inherit under the intestacy rules – these are the default rules on who inherits in the absence of a valid will having been made prior to someone’s death.  It is very rare that if someone dies without having made a will, that they have no surviving relatives whatsoever able to inherit.  There is a hierarchy of who is able to inherit, with a spouse or civil partner in the highest level of priority, and cousins with the lowest order of priority.  If you have not had any contact with a family member for years, if indeed ever, they may still be entitled to inherit under the intestacy rules.  So, and this meant very literally, your entire life savings could be inherited by someone or a group of people you have never met.  If you have several dozen cousins, there is a possibility your estate could pass to all of them, and not necessarily in equal shares (depending on the number of children on each bloodline).  This is an eventuality almost certainly nobody would wish for if asked.  Making a Will can avoid the risk of this happening and avoid the risk of your estate passing to the Crown if there are no surviving beneficiaries.

So those are the two ways your estate can be inherited by the state.  Neither may look like an attractive option.  The solution is very simple: take control and make a Will.  This not only ensures your estate passes where you want it to but prevents it passing where you don’t.

Making a Will can allow you to leave your estate to whomever you wish.

The advantage of making a Will is that it does not only cover who inherits from your estate.  Other provisions can be included; for example, you can add funeral wishes, set out who will sort out and administer your estate, (known as executors), and add guardianship provisions to determine who will look after any children under 18.

This blog is for informational and general awareness purposes only and does not constitute legal advice, nor is it intended to.  Always take independent legal advice based on your own circumstances.

Kerseys Solicitors specialise in Will drafting and can guide and assist you with the drafting of your Will to take into account your wishes.

You can contact any of our offices at:-

Kerseys Solicitors in Ipswich at [email protected] on 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584 or Kerseys Solicitors in Stowmarket at [email protected] on 01449 613631 or alternatively visit our web site and click “Call Me Back” where one of our private client law team will be happy to contact you at a time that is convenient to you.