What happens if you die without a will?

When a person dies without a will in the UK, intestacy rules decides how their assets are distributed. These automatic intestacy laws ignore personal wishes and don’t protect unmarried partners or complex families. Whether you’re married, have children, or own a house, dying intestate can cause confusion and conflict. To avoid this, consult a solicitor specialising in will writing and wills, trust and estate law to draft a valid will and protect your loved ones.

Discover the various possible scenarios and why it’s essential to plan ahead.

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Why is it so important to write a will?

A will allows you to choose who inherits your assets, who manages your estate, and who cares of your children if they are minors. Without it, the intestacy laws take over, often distributing your property in ways you might never have intended. If you want clarity, control, and peace of mind for your loved ones, it’s wise to start by learning how to write a will. Here’s a look at the most common situations faced in the UK:

1. You’re married with children

In England and Wales, if you die without a will, your spouse will inherit the first £322,000 of your estate, plus half of the remaining balance. The other half goes to your children under the intestacy rules. This can create complications, especially if your partner depended on you financially or if you intended for them to inherit everything.  In many cases, assets such as property may need to be sold to satisfy the legal distribution.

2. You’re married without children

Your spouse inherits your entire estate, unless you still have surviving parents or siblings. Under the intestacy laws, part of your estate may be passed to them, which can come as a surprise if you intended your spouse to receive everything.

According to the law:

• Your spouse receives:
  • The first £322,000 (statutory legacy as of 26 July 2023),
  • All personal belongings (e.g., furniture, jewellery, car),
  • Half of the remaining estate.
• The other half of the remainder is distributed to:
  • Your parents, or if they are deceased,
  • Your siblings, or their children if your siblings are no longer alive.

3. You’re in a relationship without being married

This is one of the most  legally vulnerable situations. Unmarried partners have no automatic inheritance rights under intestacy laws. Even if you’ve lived together for decades, your partner may be completely excluded. Your entire estate would pass to your biological relatives. It’s therefore essential to understand what happens if you die without a will, as it can lead to serious financial and emotional consequences for your partner.

4. You’re single without children

If you’re single and have no children, your estate will be distributed following the intestacy rules flowchart, starting with your parents, then siblings, followed by uncles, aunts, and cousins.

In no family can be found, your assets passe to the Crown under Bona Vacantia. To leave anything to a friend, charity, or non-family member, a will is essential. Without one, your true wishes may go unfulfilled.

5. You have minor children

A crucial but often often overlooked question is: what happens to a child if both parents die without a will? In such cases, the court appoints a guardian, usually a close relative, but this may not reflect your preferences.  By writing a will, you can legally designate a guardian and plan how your assets will be managed for your children’s future, ensuring their care and financial security are handled as you intended.

6. You own a home

What happens to my house if I die without a will?

This depends on how the property is owned:

• If the home is solely in your name, it becomes part of your estate and is distributed according to the intestacy rules.
• If it is held in joint tenancy, it passes automatically to the surviving co-owner.
• In a tenancy in common, your share is inherited by your next of kin, as defined by law.

Without a will, this process can cause confusion, delay, and family disputes over property rights.

What happens to my money if I die without a will?

When a person dies without a will (intestate), their loved ones cannot automatically take control of their assets. They must apply for Letters of Administration through the Probate Registry. This official legal authorises a close relative to act as the administrator of the estate.

The administrator’s responsibilities include:

• Identifying and collecting all assets (bank accounts, property, personal belongings, etc.),
• Valuing of the estate,
• Settling outstanding debts and taxes,
• Distributing the estate in line with the intestacy rules.

Without a will, this process can become time-consuming, expensive, and emotionally draining, especially complex or contested situations.

FAQs

1. What happens if I die without a will and I’m in an unmarried relationship? Your partner has no automatic right to inherit under intestacy rules, regardless of how long you’ve lived together.
2. What are the intestacy rules/laws? They are legal rules that determine who inherits your estate if you die without a will, typically starting with your spouse or children, then extended family.
3. Will my children automatically inherit everything? Not necessarily. They may only inherit after a spouse or in specific scenarios set by the law.
4. What happens to a child if both parents die without a will? A court will appoint a guardian, which may not reflect your personal preferences.
5. How can I ensure my partner receives my house? Either own the property in joint tenancy or include them in your will to guarantee they inherit your share.

Don’t let the law make personal decisions for you. Without a will, even someone you love deeply, like a long-term partner or a close family friend, could be completely excluded from your estate. Writing a will puts you in control and ensures your wishes are honoured, not just assumed.

Secure your legacy before it’s too late!

Speak to one of Qredible’s trusted will writing solicitors today and ensure your wishes are clearly written, legally sound, and fully protected.

KEY TAKEAWAYS

• Dying without a will means your estate is distributed according to intestacy rules, not your personal intentions.
• Unmarried partners have no automatic right to inherit—regardless of the relationship’s length.
• Children, friends, or close companions may be excluded if not explicitly named in a valid will.
• If both parents die without a will, the court decides who becomes the guardian of minor children.
• Writing a will ensures your estate is passed on as you wish and helps prevent family disputes.