What Happens If You Die Without a Will?
Many people put off making a Will, telling themselves they will “get round to it one day”. Unfortunately, life does not always follow our timetable. When someone dies without a valid Will in England or Wales, their estate is dealt with under the rules of intestacy.
These rules may bear little resemblance to what the person actually wanted. Understanding what happens if you die without a Will can help you see why putting one in place is so important.
What are intestacy rules?
Intestacy rules are the legal default that apply when there is no valid Will. They set out who can inherit and in what order of priority, based on family relationships.
Key points include:
- Only certain relatives can inherit under intestacy rules.
- Unmarried partners and close friends cannot inherit automatically.
- The rules do not consider personal wishes or family dynamics.
This can lead to surprising – and sometimes unfair – outcomes.
What if you are married or in a civil partnership?
If you are married or in a civil partnership and die without a Will, your spouse or civil partner will usually inherit most, but not necessarily all, of your estate. The exact position depends on:
- The value of your estate.
- Whether you have children, grandchildren or great-grandchildren.
- How your assets are owned.
In some cases, your spouse may have to share the estate with your children. This can cause practical difficulties and may not reflect how you would have chosen to provide for them.
What if you live with a partner but are not married?
This is where many people in Alnwick, Northumberland and across the UK are caught out. So-called “common-law” partners have no automatic right to inherit under intestacy rules, no matter how long you have been together.
If you die without a Will and are not married or in a civil partnership:
- Your partner may receive nothing.
- Your estate could instead pass to children, parents, siblings or more distant relatives.
- Your partner could face financial hardship or even lose their home.
A Will is essential if you want to protect a long-term partner who does not have legal status.
What happens to children if there is no Will?
Intestacy rules set out which relatives inherit, but they do not appoint guardians for children under 18. If both parents die without Wills, the courts may have to decide who should care for the children.
Without clear guidance from you, this can be stressful and uncertain for the family, at a time when children most need stability and support.
How intestacy can lead to disputes
When there is no Will, families are left to interpret what they think you “would have wanted”. Different people may have very different views, especially in blended families, second marriages or where there are significant assets involved.
This can lead to:
- Arguments between relatives.
- Challenges and legal claims against the estate.
- Delays in releasing funds or selling property.
- Emotional strain on those left behind.
A clear, professionally drafted Will is often the best way to reduce these risks.
Tax and practical implications
Intestacy can also make tax planning and practical administration more difficult. Without a Will:
- It may be harder to manage inheritance tax efficiently.
- Assets may be divided in ways that are less tax-efficient.
- Executors cannot be chosen in advance; administrators must apply instead.
All of this can add to the time and cost of dealing with the estate.
Why a Will gives you and your family control
Making a Will allows you to decide what happens to your estate, rather than leaving it to a rigid legal formula.
With a Will, you can:
- Choose exactly who should benefit and in what proportions.
- Provide for partners, stepchildren and other important people in your life.
- Appoint guardians for children.
- Put trusts in place to protect vulnerable beneficiaries.
- Support wider inheritance tax and care fee planning.
Most importantly, you give your family clarity at a time when they need it most.
How Rothco Wills & Estate Planning can help
At Rothco Wills & Estate Planning, we specialise in creating clear, robust Wills for individuals and families across Alnwick, Northumberland, the North East and beyond.
- Friendly, personal service with no jargon.
- Bespoke Wills tailored to your situation, not one-size-fits-all templates.
- Advice on trusts, inheritance tax and long-term protection.
- Support with reviewing and updating your Will as life changes.
Do not leave your estate to chance
If you currently have no Will – or you are not sure whether your existing Will is still suitable – now is the time to act.
