2. Learn what happens if you have a married partner and no children
Question & Answer
I’m married. What happens if I die without a will?The say that all of your goes to your partner if:
- you're legally to your partner, and
- you do not have children.
Your partner gets everything that's left, after all funeral expenses, taxes, and are paid.
But this is only true if you and your partner are legally married. A partner gets nothing from your estate under the intestacy rules. But they might be able to make a dependant's support claim. Learn more at Step 5.
If you're from your married partner and you die without a will, different rules apply. See Step 1.
If you're divorced from your partner and you die without a will, they get nothing from your estate.
Designated beneficiaries
The rules about designated beneficiaries still apply.