On 8 Jul 2025 at 23:20:55 BST, "TTman" <kraken.sankey@gmail.com> wrote:

I've been reading up about intestacy and could do with some
clarification if one of us dies without a will.. The intestacy rules
state that the spouse gets the first 320k ( plus personal things) and
50% of what's left if the estate is over 320k ( which it is). It goes on
to say that any children get a share of 50% of what's left.
Here's the question. We each have 2 children from a previous marriage,
but have none of our own together.
So would the 4 children get to share the 50% or are we considerd as
having 'no issue'( children)?
Thx.

Which children get the money depends which spouse dies first, or indeed
second. Assuming none was adopted, anyway.

--

Roger Hayter

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"TTman" <kraken.sankey@gmail.com> wrote in message news:104k5k7$3pn4p$1@dont-email.me...

I've been reading up about intestacy and could do with some clarification if one of us
dies without a will.. The intestacy rules state that the spouse gets the first 320k (
plus personal things) and 50% of what's left if the estate is over 320k ( which it is).
It goes on to say that any children get a share of 50% of what's left.
Here's the question. We each have 2 children from a previous marriage, but have none of
our own together.
So would the 4 children get to share the 50% or are we considerd as having 'no
issue'( children)?

Only natural or adopted children inherit under the intestacy rules.

Step children are disregarded.,

So if A dies first, B gets the first 320k ( plus personal things) and
50% of what's left if the estate is over 320k ( which it is).; while
each of A's two children get 50% of what's left .

B's two children get nothing; but then will eventually inherit when B dies,


bb

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

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On 08/07/2025 23:20, TTman wrote:

I've been reading up about intestacy and could do with some
clarification if one of us dies without a will.. The intestacy rules
state that the spouse gets the first 320k ( plus personal things) and
50% of what's left if the estate is over 320k ( which it is).

That's actually a big estate, and you need to be sure of what
constitutes it. For example, any long-term jointly-held assets like a
house or joint bank accounts, pass automatically to the survivor and
don't count as part of the £320K. So, for what you are concerned about
to apply, there would have to be more then that amount in the sole name
of the one who dies first. And if that applies, you can afford proper professional advice not just from random individuals on the internet.

It goes on
to say that any children get a share of 50% of what's left.
Here's the question. We each have 2 children from a previous marriage,
but have none of our own together.
So would the 4 children get to share the 50% or are we considerd as
having 'no issue'( children)?
Thx.

In the rather unlikely (I'd have thought) event, it would be just the
two children of the person who has died.

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On 08/07/2025 23:20, TTman wrote:

I've been reading up about intestacy and could do with some
clarification if one of us dies without a will.. The intestacy rules
state that the spouse gets the first 320k ( plus personal things) and
50% of what's left if the estate is over 320k ( which it is). It goes on
to say that any children get a share of 50% of what's left.

My recollection, from when I worked in this area, is that the spouse
gets a life interest in that 50%, and the children inherit the capital
only when she dies. The wife has the option to capitalise her life
interest, in which case the children get the balance at the same time as
her. (That may all have changed now, of course.)

I'd have thought that you and DW should draw up wills, having discussed
this between you. It's a toss-up, but even home-made wills may be better
than relying on intestacy rules. In practice, getting them
professionally drawn up shouldn't be all that expensive.

Here's the question. We each have 2 children from a previous marriage,
but have none of our own together.
So would the 4 children get to share the 50% or are we considerd as
having 'no issue'( children)?
Thx.

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On Wed, 9 Jul 2025 21:21:39 +0100, TTman <kraken.sankey@gmail.com>
wrote:

Yes we will be drawing up mirror wills but have to consider the house >ownership to protect against total loss through health care and who gets
what of our 7 grandchildred and one son. The other 3 sons are a dead
loss.... hence the question.

When it comes to children and g/children, if you make wills you are
not obliged to give them anything. Give it to the cats' home if you
want.
(One of my aunts gave all her money to her son, nothing to her
daughter. She, the aunt, thought her son, who'd made poor life
choices, needed it more than her daughter, who was a teacher married
to another teacher who eventually became an acting head.)

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