Married with children   What happens if you are a married person with children and die intestate? Approx 70% of the UK population do not have a Will... remember that failure to appoint a legal guardian can result in even more distress and insecurity for your children.   The surviving spouse inherits:     The first £125.000 of the estate plus all the goods and chattels and interest only from half of the rest of the estate until death; when the capital will go to the surviving children.   The other half goes to the children immediately – but if they have not attained the age of 18 years then in Trust until that age is attained.   (applies to UK except Scotland and Northern Ireland)