What Happens If You Die Without a Will in the UK?
Many people delay writing a will, thinking they have plenty of time. But what happens if you die without a will in the UK? The short answer: your estate won’t automatically go to your preferred people. Instead, it follows a strict set of rules known as the intestacy laws, and the results may surprise you.
This comprehensive guide explains exactly what happens if you pass away without a will, who inherits your estate, how the process works, and why planning ahead is so crucial. If you want to protect your family and assets, understanding the risks of dying intestate is the first step.
Book a free consultation to create a legally valid will and avoid costly mistakes that could affect your loved ones.
What Does “Dying Intestate” Mean?
When someone dies without a valid will in England or Wales, they are said to have died intestate. This means that the distribution of their estate—money, property, and possessions—is decided by the law, not by their personal wishes.
The rules of intestacy are set out in the Administration of Estates Act 1925 and are still in force today, with some updates over time. The law determines who inherits, how much they receive, and in what order.
Who Inherits If You Die Without a Will?
Under the intestacy rules, your estate passes to relatives in a specific order. The list below shows who gets what, depending on your family situation.
1. Married or in a Civil Partnership (With Children)
- Your spouse or civil partner inherits:
- The first £322,000 of your estate
- All your personal possessions
- 50% of the remainder of your estate
- Your children inherit the other 50% of the remainder
Important: This means children don’t inherit everything—many people wrongly assume that a surviving spouse automatically gets the full estate.
2. Married or in a Civil Partnership (No Children)
Your spouse or civil partner receives the full estate.
3. Unmarried with Children
Your children inherit the entire estate equally. This includes biological and legally adopted children—but not stepchildren (unless legally adopted).
4. Unmarried and No Children
If there is no surviving spouse or children, your estate goes to other relatives in this order:
- Parents
- Siblings (or their children if they’ve passed away)
- Half-siblings
- Grandparents
- Aunts and uncles
- Half aunts and uncles
If none of these relatives are alive, your estate goes to the Crown under the Bona Vacantia rules.
What Happens If You’re Cohabiting Without Marriage?
Many couples in the UK live together without being married or in a civil partnership. Unfortunately, cohabiting partners have no legal right to inherit under intestacy laws—regardless of how long they’ve lived together or if they have children.
This means your partner could be left with nothing unless you’ve made a will that names them as a beneficiary.
What About Minor Children?
If you die without a will and you have children under 18, the law does not automatically appoint guardians. This creates uncertainty about who will care for them.
The courts may have to decide guardianship, which could lead to delays, disputes, or decisions that don’t reflect your wishes. Naming guardians in your will is the only way to ensure your children are looked after by people you trust.
Probate and the Role of Administrators
When someone dies without a will, no executor has been named. Instead, the court appoints someone to manage the estate—called an administrator. This person must apply for Letters of Administration instead of a Grant of Probate.
Administrators have the same responsibilities as executors, but they must follow the intestacy rules strictly and may face legal complications, especially when family members disagree on who should inherit.
Why Dying Without a Will Is Risky
Not having a will puts your family at risk of:
- Delays in accessing funds
- Disputes between relatives
- Unintended beneficiaries receiving your estate
- Children or stepchildren being excluded
- Your partner losing their home or financial security
In addition, dying intestate can lead to higher inheritance tax bills and legal fees.
Common Misconceptions About Dying Without a Will
Let’s address some myths:
- “Everything goes to my spouse.” – Only if you have no children.
- “My partner will be fine—we’ve lived together for years.” – Cohabiting partners have no legal rights under intestacy laws.
- “The government takes everything.” – Only if no relatives can be found.
The only way to control what happens to your estate is to make a valid will.
Can I Avoid Intestacy with a Will?
Yes—and it’s easier than many people think. Creating a legally valid will ensures:
- Your chosen beneficiaries receive what you want them to
- You appoint guardians for your children
- You minimise inheritance tax where possible
- You protect partners and stepchildren
- You avoid delays and stress for your family
At MP Estate Planning UK®, we offer affordable will writing services tailored to your needs and fully compliant with UK law.
How to Make a Valid Will
For your will to be legally valid, it must:
- Be made voluntarily by someone over 18 with mental capacity
- Be in writing and signed by you
- Be witnessed by two people who are not beneficiaries
We also recommend having your will professionally reviewed and stored securely.
Real-Life Case Study
Sarah and James lived together for 15 years, had two children, and owned their home jointly. James passed away suddenly without a will. Because they weren’t married, Sarah inherited nothing under the law. James’s share passed directly to their children, triggering legal issues, financial stress, and even complications with selling the home.
This tragic but avoidable situation highlights the importance of proper planning—even if you think you’re too young or healthy to need a will.
Get Expert Help Before It’s Too Late
If you’ve been wondering what happens if you die without a will, now is the time to act. Writing a will gives you peace of mind and protects your family from unnecessary hardship and confusion.
- Book a free consultation with our estate planning team
- View our transparent pricing page to see how affordable planning can be
Conclusion: Don’t Leave It to Chance
Dying without a will in the UK means your estate will be divided by law—not according to your wishes. Your spouse, partner, children, and other loved ones could miss out on what you wanted for them. Stepchildren, partners, and friends may receive nothing. The only way to ensure your intentions are followed is to write a will.
Start the process today by speaking to a professional. At MP Estate Planning UK®, we make will writing simple, fast, and legally secure—so you can enjoy peace of mind now and leave a legacy that truly reflects your values.
Click here to book your free will consultation or explore our Will Writing page for more information.