What happens if I don't make a Will?
When there is no Will the ‘rules of intestacy’ (ie. the government) states who should get what amount depending on the total net value of your estate. This may not be as you would have wished of course.
A common misunderstanding with the point of there being no will is people sometimes wrongly think that probate is something that can be avoided by having a will in place. This is simply not the case. Dying without a will is called intestacy and your next of kin must apply to the Probate Registry for the power to deal with your estate, known as ‘letters of administration’.
If you have a Will then your executors apply for what is called a ‘grant of probate’ which allows them to administer your estate.