What happens if you die without a Will?
The importance of writing your Will should never be underestimated. But let’s be honest, it’s a difficult subject matter. That’s why so many of us put it off.
Of course, we all know we should have a Will, but do you know what will happen if you die without a valid Will?
If you haven’t made a Will yet, you’re in good company. According to The National Wills Register, almost 70% UK adults don’t have a valid Will. But the consequences of not doing so are significant, which is why you might want to consider writing your Will sooner rather than later. Our Will Writers explain more in this blog.
If I die without a Will, what happens to my estate?
In England and Wales, if you die intestate (dying without a Will), your assets will be distributed according to the law, not according to your wishes.
Making a Will is the only way to be sure that your property and possessions will be passed to your loved ones.
How intestacy affects your spouse and children
Many people presume that, even if they don’t have a Will, everything automatically passes to their spouse and children. Unfortunately, if you die intestate, there’s a strict order of entitlement, and it isn’t necessarily straightforward.
If you are married (or in a civil partnership) and have children, your estate will be distributed as follows:
- Your spouse or civil partner will receive the first £322,000* and your personal belongings (but not money). This also applies if you’re separated but not divorced.
- Of the remainder of your estate:
- 50% will go to your spouse or civil partner
- 50% will go to your children (divided equally between them)
- If a child predeceases you, their children will inherit once they turn 18
- If there are no children, the surviving spouse or civil partner will receive both halves
However, if your estate is worth less than £322,000, your partner will receive everything and your children will get nothing.
What if I’m in a long-term relationship but not married?
If you’re not married or in a civil partnership, your partner won’t inherit under intestacy rules.
Without a Will, you don’t have an automatic right to inherit your deceased partner’s home or possessions, and their estate may instead pass to their surviving family members:
- If you have children together, they will inherit shares of the estate once they turn 18.
- If there are no children, the estate will be shared between your surviving parents.
- If your parents are no longer alive, the estate goes to surviving siblings, half-siblings, grandparents, aunts and uncles (in that order).
If there are no living relatives, the full estate goes to the Government.
I don’t have a spouse or children. What will happen to my estate?
If you don’t make a Will, your estate will pass to your family members, starting with your parents and siblings. If there are no surviving relatives, your estate will go to the Government, and your assets will pass to the Crown.
What to consider when writing a Will
When writing your Will, your biggest priority is probably making sure that you look after and protect the people you care about.
The value of your estate
In practical terms, you’ll need to consider the value of your estate and whether you have any items of value that you’d like to gift to someone. You should include:
- Property
- Savings
- Investments
- Belongings
- Other valuable items
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Who should look after your children?
If you have young children, it is wise to appoint Guardians for them in case you were to die before they reach 18.
Legal Guardians have the legal authority to take care of your children. They are responsible for making parental decisions in your absence, including things like inheritance and property.
You can designate two individuals as joint Guardians. You can also appoint more than one guardian for different elements of your child’s life. For example, one could take care of their day-to-day living, and another could manage their assets.
Appointing a Guardian also means that your children go straight into their care, rather than waiting for the court to decide.
Who to appoint as Executors
An important consideration when writing your Will is who to appoint as Executors. Your Executors are essentially responsible for dealing with your estate and distributing assets according to the directions set out in your Will.
Acting as an Executor carries huge responsibilities, so as well as choosing someone you can trust, you should also feel confident that they’re capable of carrying out such a role.
How does Inheritance Tax work?
Writing your Will is the first step in the estate planning process, but making sure that it is tax-efficient is just as important.
On your death, an Inheritance Tax (IHT) of 40% will be payable if the value of your assets exceeds the Inheritance Tax threshold of £325,000*. If you own property at the time of your death or had owned property but this was sold to pay for your care, then additional allowances apply to help mitigate IHT.
If you think your estate will exceed the threshold, you can maximise Inheritance Tax reliefs and exceptions with forward planning. This could include gifts and exemptions, such as lifetime gifts, annual gifts and charity gifts.
You can also use Trusts to pass assets to others, such as your children, and invest in regulated financial and pension products.
IHT marriage exemption
If you’re married or in a civil partnership, an exemption applies on the first death where the surviving partner inherits, regardless of the value of the estate. On the second death, the executors can apply to transfer any unused Inheritance Tax thresholds from the first death. This potentially means that a couple could leave an estate of £1,000,000 without any IHT liability.
Write a Will today
Don’t delay making a Will. Contact our friendly team to arrange writing or amending your Will on 0117 325 2929. Alternatively, fill out this enquiry form and we will be in touch.
If you’d like a quote for our Will writing services, click here to get an estimate.
* Figures are correct as at October 2025.