What Happens If You Die Without a Will?

What if you never get around to making a will? Unfortunately, dying without a will can create a lot of uncertainty for your loved ones. In fact, "what happens if I die without a will?" remains one of the most searched legal questions in the UK, according to Weightmans (2025) Legal Search Trends.

Dying without a valid will is called dying "intestate." In that case, instead of your wishes determining who gets your property, a set of legal rules (the GOV.UK Intestacy Rules) will decide how your estate is distributed. These rules are strict and may not reflect what you would have wanted. Here's a plain-English rundown of what happens under intestacy in England and Wales:

Your spouse/civil partner and children are prioritised

If you're married or in a civil partnership and have children, the law will split your estate between them in a fixed way. Your spouse will inherit all of your personal belongings and the first £322,000 of your estate, plus half of anything above £322,000. Your children will inherit the other half of the leftover above that threshold.

For example, if your estate (after debts) is worth £500,000: your spouse would get £322,000 plus £89,000 (half of the remaining £178,000), and the children would collectively get £89,000 (split equally between them). If your total estate is below £322,000, then in this scenario the children would get nothing and your spouse takes everything.

If you have no children, spouse gets all

If you are married/in a civil partnership and don't have children (nor any descendants), your surviving spouse or civil partner will inherit your entire estate. This at least is straightforward – but remember, this only applies to a legally married spouse or registered civil partner, not an unmarried partner.

Unmarried partners get nothing

If you have children (and no spouse)

If you're not married (or your spouse has passed away) but have children, then your children inherit everything, divided equally between them. (Note: legally, "children" includes adopted children. It does not automatically include step-children unless you have legally adopted them.) The assets would be held in trust for any child under 18 until they come of age.

If you have no spouse or children

The intestacy law moves down a list of next of kin. First in line would be your parents (if they survive you, they'd split the estate). If parents are deceased, then it goes to your siblings (if a sibling died before you but had children, those children take their parent's share). If no siblings, then to half-siblings, then to grandparents, then to aunts/uncles (and if they're deceased, their children, i.e., your cousins). It's a bit like a family tree search.

If absolutely no living relatives can be found

In the rare case where you die with no will and no traceable family, your estate passes to the Crown (the government). This is often referred to as "bona vacantia." Understandably, most people would prefer their hard-earned assets go to a friend or a charity rather than the government – another reason to have a will and name beneficiaries.

Other implications of dying intestate

Beyond just the distribution of money and property, dying intestate has other implications. You haven't named an executor or guardian (since you had no will to do so), so the court will need to appoint an administrator to handle your estate, which could be someone you wouldn't have chosen. If you have minor children and the other parent is also deceased or unavailable, the court will decide on guardianship – potentially leading to family disputes or uncertainty for the children.

Your family may also face longer delays and possibly higher expenses in sorting out an intestate estate. Sorting an estate without a will can be more complicated; for instance, if multiple people are entitled (like several children), they might all need to agree on who applies for authority to administer the estate. This can be stressful at an already difficult time.

The good news is that this outcome is easily avoided: by making a will, you ensure the right people benefit in the way you choose, and you save your family from a lot of hassle. If reading this section makes you a bit nervous, don't worry – the whole point of this guide is to help you get your will in place so none of these intestacy pitfalls happen to your family.