What Happens If You Die Without a Will?

If you die without a valid will, your estate passes under the intestacy rules, which may not reflect your wishes. Your family may also face a longer administration and a greater risk of disagreement.

This page explains how the rules work in England and Wales and how a will avoids them.

What Does Dying Without a Will Mean?

When someone dies without a will, their estate is distributed under the intestacy rules that apply in England and Wales. The rules decide who inherits your money, property and possessions, regardless of what you would have wanted.

Key points about intestacy:

• Only a spouse or civil partner and certain blood or adopted relatives can inherit.
• Unmarried partners, stepchildren and friends receive nothing under the rules.
• You cannot choose your executors or appoint guardians for young children.
• Opportunities to plan for inheritance tax may be lost.

Who Inherits If You Die Without a Will?

The intestacy rules set a fixed order of entitlement:

If you are married or in a civil partnership:

• If you have children, your spouse or civil partner receives your personal possessions, the first £322,000 of the estate and half of the remainder. Your children share the other half.
• If you have no children, your spouse or civil partner inherits the whole estate.

If you are not married or in a civil partnership:

• Your children inherit everything in equal shares. If you have no children, the estate passes to your parents, then to brothers and sisters, and then to more distant relatives in a fixed order.
• An unmarried partner has no automatic entitlement, however long you lived together, although they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

If you have no qualifying relatives:

• Your estate passes to the Crown as bona vacantia.

Problems Caused by Intestacy

Dying without a will can cause real difficulty for those you leave behind:

• Unmarried partners and stepchildren may receive nothing unless they bring a court claim.
• Family members may disagree about who should administer the estate.
• The administration may take longer and cost more.
• Inheritance tax planning opportunities may be lost.
• The law, not you, decides who inherits.

A properly drafted will avoids most of these problems and sets out how your estate should be dealt with.

How to Avoid Dying Without a Will

Making a valid will is the way to ensure your estate passes as you intend. The main steps are:

1. Take advice: A solicitor or Chartered Legal Executive can make sure your will is valid and suits your circumstances.
2. Choose your beneficiaries: Decide who should inherit.
3. Appoint executors: Choose people you trust to administer your estate.
4. Appoint guardians: If you have children under 18, name who should care for them.
5. Consider inheritance tax: A well-drafted will can reduce the tax payable.

How We Can Help

Our wills team, accredited under the Law Society Wills and Inheritance Quality Scheme, can help you:

• Prepare a valid will.
• Update an existing will after a change in circumstances.
• Provide for an unmarried partner or stepchildren.
• Reduce inheritance tax where possible.
• Store your will securely.

How Much Does Writing a Will Cost?

Our fees depend on your circumstances. We will confirm the cost in writing before any work begins. Please call us on 01482 228808 to discuss what you need.

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