What Happens If You Die Without a Will?

Colin Barrett
Jul 9
2 min read

Understanding the rules of intestacy and why a Will gives you and your family greater control.

Many people assume their estate will “just go to the right people” when they die, but without a valid Will in place, the law decides who inherits. This is known as dying intestate, and it often leads to unintended consequences.

Here’s what really happens, and why making a Will is one of the most important things you can do for your family.

What does intestacy mean?

If someone dies without a valid Will, their estate is distributed according to the rules of intestacy, a strict legal framework that ignores personal relationships and preferences.

This means:

Unmarried partners inherit nothing
Stepchildren are not included
Children may inherit at 18, with no control over how they spend it
Family disputes are more likely
Probate may take longer, creating financial strain for loved ones

Who inherits under intestacy rules?

It depends on your circumstances. For example:

Married, with children: Your spouse gets the first £322,000 of your estate, plus half of the rest. Your children share the other half.
Unmarried, with children: Your children inherit everything. Your partner gets nothing.
No children: Your estate may go to distant relatives you’ve never met... or ultimately to the Crown.

The law doesn’t adapt to your situation. Only a Will can ensure your wishes are followed.

What are the risks of dying intestate?

Disputes between family members (especially in second marriages or blended families)
Unexpected tax bills if assets are distributed inefficiently
Vulnerable beneficiaries inheriting too much too soon
Important people being left out entirely