What Happens If You die without a will?
No one likes to think about death, but planning ahead is important, especially when it comes to what happens to your money, property and belongings after you die. In the UK (rules are different in Scotland or Northern Ireland), if you die without making a will, it’s called dying intestate. This can make things much harder for your loved ones.
What Does “Dying Intestate” Mean?
Dying intestate means you haven’t left a legal will. A will is a document that says who should get your things after you die. If you don’t have one, the law decides for you This might not match what you would have wanted.
Who Gets What If There’s No Will
The intestacy rules decide who gets your estate. Your estate includes your money, home, belongings, and any other assets.
Here’s how it usually works in England and Wales:
If you’re married or in a civil partnership, your spouse or partner will get the first £322,000 of your estate (as of 2025). They also get half of anything left over. The other half goes to your children.
If you don’t have children, your spouse or civil partner gets everything.
If you have children but no spouse, everything goes to your children, split equally.
If you’re not married or in a civil partnership, your partner gets nothing, no matter how long you’ve been together. Your estate would go to your children or closest relatives instead.
If you have no close family, your estate may go to the government.
Problems That Can Happen
Dying without a will can cause many problems for your family.
Delays and stress: Sorting out your estate can take longer and be more complicated.
Arguments: Family members might disagree over who should get what.
Unwanted outcomes: People you care about, like a long-term partner or stepchildren, might not get anything if they aren’t legally entitled under intestacy rules.
How to Avoid This
The good news is that it’s easy to avoid dying intestate. All you need to do is make a will. A will gives you control over who inherits your assets. You can also name a guardian for your children and make sure your partner, friends, or charities are included.
You can make a will with a solicitor, a will-writing service, or even write one yourself. But it’s important to make sure it’s done properly, so it’s legally valid.
Don’t Delay
Dying intestate in the UK means giving up your right to choose who gets your money, home, and belongings.
It can lead to stress, family disagreements and people you care about being left out. Making a will is one of the best ways to protect your loved ones and make sure your wishes are respected.
It doesn’t have to be expensive or time-consuming and it can save a lot of trouble later. If you don’t have a will, now is a good time to think about getting one.
I hope this has been useful but please do get in touch if you need me…