AT the end of last year there was a change in the law which amended the rules setting out who inherits your estate when you have not made a will.

It is still a common assumption that just because you are married, all of your assets will pass to your spouse following your death. The new rules, which apply to deaths after October 1, 2014, allow for this in some circumstances but not all. What actually happens depends on an individual’s circumstances specifically whether or not there are children.

The law currently states that when an individual dies (without a will) their spouse or civil partner will receive a statutory legacy of £250,000 along with all their personal possessions. The remaining assets are then split equally, with one half passing to the spouse or civil partner and the other half passing to children. If there are no children then the spouse or civil partner will receive the whole estate.

It is also still regularly believed that if you have a long-term partner that again, all your assets will pass to the partner following your death. A long-term partner will not automatically benefit from the partner’s estate but instead they would need to make a formal claim on the estate which can be both costly and distressing.

Matters become more complicated when the deceased dies without a spouse or civil partner or children and in this instance their estate would pass to other relatives in a specified order. This may not be what you would intend to happen and therefore highlights the need to make a will which will give you the opportunity to choose who you want to benefit from your estate.

Be aware that these rules also apply when you have attempted to make a home-made will and it has not been done correctly and therefore the will is invalid. You may have made a perfectly valid will but a subsequent marriage will have revoked this and you may not be aware you do not have a valid will.

SAMANTHA LLOYD Head of Wills and Probate at SME Solicitors