If you have assets of less than £250,000, and die intestate (ie without making a will), then your spouse or civil partner will be entitled to the whole of your estate (ie what you leave). The children get nothing.

If you die intestate with assets worth more than £250,000, and with children (including children from other relationships and adopted children, but not stepchildren unless you adopted them), your spouse (or civil partner) is entitled to:

• your ‘personal effects’ (household goods, car, tools etc)
• the first £250,000 of your other assets
• half of what’s left

Your children are entitled to the other half, equally. If any of your children pre-decease you, then their share is divided equally between their children.

So if, for example, you were married with two children, and died intestate leaving £350,000 as follows:

• your personal effects
• a house worth £300,000
• £50,000 in your bank accounts

your spouse would be entitled to your personal effects, and the first £250,000 of your assets. However, the remaining £100,000 would have to be split. Your spouse (or civil partner) would be entitled to half of it, and your children would be entitled to £25,000 each (on reaching age 18). If, say, one of them had pre-deceased you, leaving two children, they would split their parent’s share, getting £12,500 each. If your children (or grandchildren) wanted their share immediately, and your spouse did not have the cash available, he (or she) could, potentially, be forced to sell the house.