What Happens When You Die Without a Will?
Understanding the Laws of Intestacy
It’s estimated that around 60% of UK adults don’t have a Will in place – and it’s a common theme we see among new clients.
When you die without a valid Will, your estate doesn’t pass according to your personal wishes. Instead, it's distributed according to strict legal guidelines known as the intestacy rules. And more often than not, these rules don’t reflect what most people would actually want.
The result? Families are left to navigate complex, and sometimes distressing, legal processes at what is already a difficult and emotional time.
In this week’s blog, we unpack the intestacy rules and explore why having a Will is one of the most important steps you can take to protect your loved ones. Our focus is on the rules in England and Wales – with a brief note on the differences in Scotland at the end.
Why Having a Will Matters
A Will is more than just a legal document – it’s a key part of ensuring that your estate is distributed in line with your wishes and that your loved ones are looked after when you're no longer around.
Having a valid Will in place allows you to:
Decide exactly who inherits what – You control how your assets are shared, rather than relying on the rigid intestacy rules.
Provide financial stability for your loved ones – You can plan appropriately for partners, children, or other dependants, including setting up trusts where appropriate.
Appoint guardians for young children – Without a Will, this decision could fall to the courts, creating unnecessary uncertainty at a difficult time.
Minimise potential inheritance tax – A well-structured Will can help reduce the tax burden on your estate and maximise what passes to your beneficiaries.
Choose your own executor – You decide who takes responsibility for managing and distributing your estate, rather than leaving it to someone appointed by default.
Avoid the default intestacy process – You prevent delays, legal complexities, and unintended outcomes that often arise when no Will is in place.
Put simply, without a Will, you leave these vital decisions in the hands of the state – and the outcome may not reflect your wishes.
Understanding the Intestacy Rules
If you die without a valid Will, the intestacy rules come into play. These are strict legal guidelines that decide who inherits your estate – based purely on family relationships, not personal preferences.
And in many cases, especially for unmarried couples or blended families, the outcome can be completely out of step with what you'd want.
At a Glance: Who Inherits Under Intestacy Rules?
The Risk for Married Couples (with Children)
Many people assume that if they die without a Will, their entire estate will automatically pass to their surviving spouse. But for larger estates, this isn’t the case.
Under the intestacy rules in England and Wales, the surviving spouse will inherit:
All jointly owned assets (most commonly, a jointly-owned house)
All personal possessions
The first £322,000 of the deceased’s solely owned estate
Half of anything above that amount
The other half of the value above £322,000 passes equally to the children.
This arrangement can cause complications. A child’s share must be held in a Bare Trust until they turn 18, and cannot be accessed (even by the surviving parent) except for the direct benefit of that child. This can tie up money that might otherwise have supported the wider household.
Moreover, once the child turns 18, they gain full, unrestricted access to their inheritance – which, depending on the amount and the maturity of the individual, may be too much, too soon.
The Risk for Unmarried Couples
For unmarried couples – even those with children – the situation is even more precarious.
If one partner dies without a Will, the surviving partner is not automatically entitled to inherit anything from the estate, beyond assets they jointly own. The entire estate could legally pass to the children, or to other relatives if there are no children.
This can leave long-term partners completely unprotected, potentially without access to the family home or other vital assets.
A Quick Note on Marriage and Wills
If you make a Will and then get married, that Will is automatically revoked, unless it was written in contemplation of marriage. If not, it’s effectively void.
That’s why it’s essential to write a new Will after getting married.
Administrative Headaches
Dying without a Will doesn’t just create potential financial complications – it can also trigger significant administrative stress for your loved ones at an already emotional time.
Without a valid Will in place:
There is no named executor – instead, someone must apply to the court to become the estate's administrator. This could be a close relative, but they may not be the person you would have chosen.
The court decides who can apply, following a strict legal order of priority. This can cause delays and confusion, particularly in larger or more complex families.
Disputes are more likely, especially in blended families or where unmarried partners are involved. Even when there’s no bad blood, the lack of clear instructions can lead to misunderstandings and family tension.
In short, having a Will ensures clarity, speeds up the probate process, and reduces the likelihood of costly or stressful disputes.
A Note on Scotland
The intestacy rules in Scotland differ significantly:
Legal rights mean spouses and children are entitled to certain shares, regardless of the will’s contents,
Cohabiting partners may have limited rights but must apply to court and prove dependency.
Given these rules, it is especially important for Scottish residents to put a valid Will in place.
Summary
The rules of intestacy might seem like a fallback – but in reality, they can leave loved ones exposed, cause delays, and create unnecessary complications. They follow a rigid legal formula that rarely reflects personal circumstances or modern family dynamics.
The simple fix? Write a Will.
A valid, professionally drafted Will ensures:
Your estate is distributed exactly as you intend
Your spouse or partner is financially protected
Guardianship, gifts, and tax planning are clearly addressed
Your loved ones avoid unnecessary legal and administrative hurdles
Writing a Will is straightforward, often inexpensive, and brings real peace of mind. If you don’t yet have one – or if your circumstances have changed – now is the time to act.
Disclaimer: This article is for general guidance only and does not constitute legal or financial advice. Intestacy laws and tax rules can be complex and vary based on individual circumstances. Always seek professional advice before making estate planning decisions.
Happy Thursday!
Kind regards,
George
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Important Disclaimer
This blog is for general information only and is intended for retail clients. It does not constitute financial or tax advice, nor is it an offer to buy or sell any specific investment. Since I don’t know your personal financial situation, you should not rely on this content as tailored advice. While we aim to provide accurate and up-to-date information, we cannot guarantee that all details remain correct over time. We are not responsible for any losses resulting from actions taken based on this blog’s content.
