Losing someone is always difficult, but things can get even more complicated if that person hasn’t made a Will. You might be wondering: What happens if I die without a Will? This article will explain clearly and simply what happens when someone dies without a valid Will, what rules apply, and what it means for you or your loved ones.
What is a Will?
A Will is a legal document where you say how you want your money, property, and belongings to be shared after you die. It allows you to choose who inherits what, name guardians for your children, and appoint someone to manage your estate.
If you don’t have a Will when you die, you’re called intestate. This means the law decides who gets your estate, not you.
Why is having a Will important?
Making a Will means you keep control over your things and who receives them. Without a Will, the rules of intestacy apply, and these may not match what you want. It could also cause delays, confusion, or disagreements among your family.
What does it mean to die intestate?
Dying intestate means you have not left a valid Will. When this happens, the law decides who inherits your estate based on a strict set of rules. This might be fine if you have a simple family setup, but it can get complicated if you don’t.
What are intestacy rules?
Intestacy rules set out who inherits your estate if you die without a Will. These rules prioritise certain relatives over others. Typically, your spouse or civil partner and your children come first. If you have neither, then other family members may inherit.
Who inherits if you die without a Will?
Here’s a simple breakdown:
1. If you have a spouse or civil partner but no children:
- Your entire estate goes to your spouse or civil partner.
2. If you have a spouse or civil partner and children:
- Your spouse or civil partner gets the first £322,000 of your estate (this is called the statutory legacy).
- They also get all your personal belongings (like your car, jewellery, furniture).
- Then, the rest of your estate is split 50/50 between your spouse/civil partner and your children equally.
3. If you have children but no spouse or civil partner:
- Your children inherit your entire estate equally.
4. If you have no spouse, civil partner, or children:
- Your estate goes to other close relatives like your parents, siblings, or more distant family.
- If no relatives are found, your estate passes to the Crown (known as bona vacantia).
What counts as your estate?
Your estate includes:
- Money in bank accounts (that’s only in your name, not joint accounts)
- Property you own
- Personal possessions like jewellery, furniture, and cars
- Investments and shares
- Any debts you owe are paid off before your estate is shared.
What happens to jointly owned property?
If you own property with someone else (like your spouse) jointly, the way it’s owned matters:
- Beneficial joint tenancy: The property automatically passes to the surviving owner. It does not count as part of your estate for intestacy rules.
- Tenancy in common: Each owner has a share. If you die, your share becomes part of your estate and is distributed according to intestacy rules or your Will if you have one.
What about children?
- Biological and legally adopted children inherit under intestacy rules.
- Stepchildren only inherit if legally adopted by you.
- Children under 18 cannot receive money directly; it is held in a trust until they turn 18.
- If a child dies before you but leaves children (your grandchildren), those grandchildren can inherit in their parent’s place.
What if you’re not married but live together?
Unfortunately, if you’re not married or in a civil partnership, your partner has no automatic right to inherit your estate under intestacy rules. This can be very harsh for couples who live together but never legally formalised their relationship.
Can the rules be changed after you die?
Yes, but only if everyone entitled to inherit agrees. They can decide to share the estate differently or include people not entitled under intestacy. This must be done within 2 years of your death through a legal document called a deed of family arrangement or variation. It’s best to get legal advice for this.
What if someone thinks they should have inherited but didn’t?
If you believe you were unfairly left out, you might be able to apply to the court for financial provision from the estate. This is called a claim for reasonable financial provision. It’s complicated and requires legal help.
What if you want to refuse your inheritance?
You don’t have to accept an inheritance if you don’t want it. This is called disclaiming your inheritance. Usually, it will pass to the next person entitled. It’s important to seek legal advice before doing this, especially if you claim benefits because inheritance can affect your entitlement.
What happens if you die without a Will and have no relatives?
If no relatives can be found, your estate goes to the Crown, known as bona vacantia. The Treasury Solicitor looks after it. This is rare but can happen.
What should you do if you don’t have a Will?
If you don’t have a Will yet, it’s a good idea to make one. Writing a Will isn’t as hard as it sounds and gives you peace of mind. You can:
- Choose who inherits your estate
- Protect your children
- Reduce the chance of family disputes
- Make sure your estate is handled as you wish
Many solicitors can help you write a Will, and some offer affordable or free services.
How does probate work when there’s no Will?
When someone dies, their estate needs to be administered. Usually, executors named in the Will do this. Without a Will, an administrator is appointed following intestacy rules. This can be a spouse, child, or close relative.
The administrator gathers assets, pays debts, and distributes the estate according to the law. This process is called probate.
Real-life example to understand intestacy
Imagine Sarah and John are married with one child, Emily. Sarah dies without a Will. Her estate is worth £500,000.
- John (spouse) receives:
- First £322,000
- Personal belongings (car, jewellery, etc.)
- Half of the remaining £178,000 (£89,000)
- Emily (child) receives the other half of the remaining estate (£89,000).
If Sarah had no children, John would inherit the whole estate.
Common misconceptions
- “My partner will automatically get everything.”
Not if you’re not married or in a civil partnership. - “All my children get equal shares.”
Yes, under intestacy all children inherit equally, including adopted children. - “My debts disappear after I die.”
No, debts must be paid before the estate is shared.
Final thoughts: Why make a Will?
Not having a Will leaves your estate to be divided by intestacy rules, which might not be fair or what you want. It can lead to:
- Family disputes
- Unintended beneficiaries
- Delays and extra costs
Making a Will is a responsible and caring thing to do for yourself and those you leave behind. It protects your loved ones and makes things clearer during a difficult time.
Where can you get help?
- Solicitors or Will-writing services can help you create a Will.
- Organisations like Citizens Advice offer guidance.
- GOV.UK website provides clear information about intestacy rules and Wills.
Summary checklist:
- Dying without a Will means intestacy rules apply.
- Your spouse/civil partner and children usually inherit first.
- Jointly owned property may pass automatically to the surviving owner.
- Unmarried partners do not automatically inherit.
- You can refuse inheritance but seek advice first.
- You can change how inheritance is shared if everyone agrees.
- If no relatives, estate passes to the Crown.
- Making a Will helps avoid all this uncertainty.
Remember, making a Will is the best way to ensure your wishes are respected and your loved ones are cared for. Don’t delay – it’s easier than you think.
