What Happens If You Die Without a Will in the UK?

Dying without a Will can create complications for your loved ones. Your estate will be distributed according to intestacy laws, which may not align with your wishes. This guide explores the consequences of dying without a Will, how assets are distributed, and steps to avoid these issues.

1. What Is Intestacy?

If you pass away without a legally valid Will, the UK government follows intestacy rules to decide:

Who inherits your estate
How much each beneficiary receives
Who handles your affairs

These rules may not align with your intentions and can cause family disputes or financial hardship.

Intestacy refers to the legal process that determines how your estate is distributed if you die without a Will. The rules of intestacy are strict and may not reflect your personal wishes.

2. Who Inherits If You Die Without a Will?

When you die intestate (without a Will), the law determines who inherits your assets based on a set hierarchy.

Intestacy Rules in England and Wales

Relationship to the Deceased	Who Inherits?
Spouse/Civil Partner (with children)	Spouse gets first £322,000 + half of remaining estate; children share the rest.
Spouse/Civil Partner (without children)	Spouse inherits everything.
Children (if no spouse)	Children inherit everything equally.
Parents (if no spouse or children)	Parents inherit equally.
Siblings (if no spouse, children, or parents)	Siblings inherit equally.
No close relatives	The estate passes to the Crown (Bona Vacantia).

Who Inherits Under Intestacy Laws?

Family Relationship	Do They Inherit?	How Much?
Spouse/Civil Partner (no children)	✅ Yes	100% of the estate
Spouse/Civil Partner (with children)	✅ Yes	First £322,000 + 50% of remaining estate
Children (if no spouse)	✅ Yes	Equal shares
Parents (if no spouse/children)	✅ Yes	Equal shares
Siblings (if no spouse/children/parents)	✅ Yes	Equal shares
Unmarried Partner	❌ No	Nothing
Close Friends	❌ No	Nothing
Charities	❌ No	Nothing

💡 Tip: Unmarried partners and stepchildren do not automatically inherit anything under intestacy laws!

3. What Are the Consequences of Not Having a Will?

Dying without a Will can create several problems for your loved ones.

Family Disputes – Relatives may argue over the distribution of your assets.
Unmarried Partners Get Nothing – Intestacy rules do not recognize cohabiting partners.
Children May Not Be Fully Provided For – The law dictates who gets what, which may not align with your wishes.
Higher Inheritance Tax (IHT) – Without proper planning, your estate may incur more tax than necessary.
Delays in Estate Distribution – Probate can take longer, causing financial hardship for dependents.

Problems of Dying Without a Will

Problem	Consequence
Family Conflicts	Relatives may dispute who should inherit.
No Protection for Unmarried Partners	Your partner may receive nothing.
Delays in Probate	The estate can take longer to settle.
Higher Inheritance Tax	Poor planning may lead to a larger tax bill.

4. What Happens to Your Children If You Die Without a Will?

If you have minor children and no Will, the court will decide who becomes their guardian. This may not be the person you would have chosen.

The court may appoint a guardian you would not have chosen.
Your children’s inheritance may be placed in a trust until they turn 18.
If both parents die without a Will, family members may have to fight for custody.

5. How to Avoid Intestacy

The only way to avoid intestacy is to create a legally valid Will.

Steps to Make a Will

List your assets and debts.
Choose beneficiaries (who will inherit your assets).
Appoint an executor to manage your estate.
Appoint a guardian for minor children.
Write and sign your Will in the presence of two witnesses.
Store your Will safely and update it when necessary.

6. Frequently Asked Questions (FAQs)

Q: Can my partner inherit my estate if we are not married?

A: No, unmarried partners do not inherit under intestacy rules.

Q: What happens if I have no surviving family members?

A: Your estate goes to the Crown under Bona Vacantia.

Q: How can I make sure my children are taken care of?

A: Write a Will and name a legal guardian.

7. Conclusion

Dying without a Will can cause unnecessary stress for your loved ones. Writing a Will ensures your assets go to the right people and your family is protected.

With CreateWills UK, you can make a legally valid Will in just 10 minutes and secure your family’s future.