What happens to my estate when making a Will if my partner has already died?

If you are thinking about making a will and especially if you do not have a surviving spouse or civil partner and die without making a will but have natural children then your children will share everything, and if they have died before you then their children (your grandchildren) will inherit your children's share.

Without making a will and without any surviving children or other direct descendants (grandchildren, great grandchildren etc.), your estate will be inherited by your other relatives in the following order:

• your parents;
• your brothers and sisters of the whole blood, or their children if your siblings have died;
• your brothers and sisters of the half blood, or their children if there is no surviving parent;
• your grandparents;
• your uncles and aunts of the whole blood or their children;
• your uncles and aunts of the half blood or their children;
• the Crown.

Without making a will identifying who should receive what then the definition of 'Whole blood' relatives are those related to you by two common relations, whereas 'half blood' relatives are those who only share one relative with you where they could share two. Without making a will it should be noted that step children are NOT included in this list and that may be very unfair and not what you intended.

The rules are clear but not necessarily what you would like to happen and of course some things may never pass to those you wanted to benefit from your estate. Making a will is probably the only way you can ensure your wishes will be carried out.