What Happens If You Die Without a Will? Understanding Intestacy in England and Wales
- pete68737
- May 12
- 2 min read
Have you ever thought about what would happen to your money, property, or possessions if you were to die without a will? While it’s a difficult topic to consider, understanding the implications of dying “intestate” (without a valid will) is crucial for ensuring your loved ones are taken care of—and your wishes are respected.
In England and Wales, when someone dies without a will, their estate is distributed according to a strict set of rules known as the intestacy rules. These rules often lead to outcomes that may not reflect your personal relationships or intentions.
How Intestacy Works
The intestacy rules lay out a clear hierarchy for who inherits your estate. Here's a general breakdown:
If You’re Married or in a Civil Partnership:
With children: Your spouse/civil partner receives:
All your personal belongings
The first £322,000 of your estate (as of the 2024 threshold)
Half of the remaining estate
The other half of the remaining estate is shared equally between your children
Without children: Your spouse/civil partner inherits your entire estate.
If You’re Not Married or in a Civil Partnership:
Unmarried partners do not automatically inherit anything under intestacy rules—regardless of how long you've been together. Instead, your estate would pass to the next of kin in the following order:
Children
Parents
Siblings (or their children if deceased)
Half-siblings
Grandparents
Aunts and Uncles
Half Aunts and Uncles
If none of these relatives are alive, your estate goes to the Crown.
Problems with Intestacy
Partners left with nothing: Long-term cohabiting partners have no legal right to your estate.
Delays and disputes: Without a clear will, family disputes and legal complications often arise.
Unintended beneficiaries: People you may be estranged from—or barely know—could inherit your estate, while close friends or stepchildren receive nothing.
No provision for guardianship: If you have children under 18, the court will decide who cares for them.
Avoiding Intestacy: The Importance of Making a Will
Creating a will is the only way to ensure your estate is distributed according to your wishes. It allows you to:
Choose your beneficiaries
Appoint guardians for minor children
Set up trusts for vulnerable dependents
Reduce inheritance tax liabilities
Avoid family disputes
Take the First Step Today
If you haven’t yet made a will, don’t wait. It’s easier and more affordable than many people think—and it provides peace of mind for you and security for your loved ones.
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