What happens if you die without a will?

Why dying without a will matters more than most people expect

If you die without a valid will, known legally as dying “intestate”, the default laws of intestacy apply. That means you lose control over who inherits your money, property and possessions. The results can be far from what you might assume or intend, which is why understanding the risks and implications is vital.

Who inherits if there’s no will:
The rules of intestacy

• Spouse or civil partner is usually first in line
• Children may share the estate depending on its size
• Other relatives can inherit if no spouse or children
• Unmarried partners and friends typically receive nothing under default rules

How intestacy determines beneficiaries in England and Wales

Under UK law, when someone dies intestate, the estate is distributed according to a clear hierarchy. The rules prioritise marital or civil partners first. If the deceased is survived by a spouse (or civil partner) and children, the partner receives the first £322,000 of the estate, all personal possessions, and half of the remaining estate. The other half is divided equally among the children.

If there is a spouse but no children, the partner inherits everything.

If there is no spouse or civil partner, children, or other qualifying relatives, the estate may eventually pass to the Crown.

Because of these fixed rules, people who expect a partner, friends, or charities to inherit may find those wishes ignored under intestacy.

What happens to:
Property, debts and jointly owned assets

Treatment of jointly owned property

Jointly owned property often passes automatically to the surviving joint owner outside intestacy rules - if owned as “joint tenants.”

If owned as “tenants in common,” the deceased’s share forms part of the estate and is distributed under intestacy rules.

Handling debts and liabilities

The estate (property, cash, possessions) must first be used to pay debts, taxes and funeral costs. Only what remains, the “net estate”, is distributed under intestacy.

If the estate has insufficient assets to cover debts, creditors may claim what they can; this can reduce what heirs receive.

Who administers the estate when there’s no will
and what the process involves

• A “closest relative” usually applies to become administrator (probate)
• Application under intestacy uses the same procedure, but with a “Letters of Administration,” not “Grant of Probate”
• If no eligible relatives, the Crown becomes responsible

How estate administration works without a will

When someone dies intestate, the most entitled person, typically a spouse, civil partner or adult children, can apply to be the estate’s administrator. That person must apply for “Letters of Administration” to handle the estate.

If no close relatives are alive or willing, the estate becomes “bona vacantia,” meaning it passes to the Crown.

Because the intestacy rules and probate laws are fixed, the estate is distributed strictly according to legal formulae, even if the deceased would have preferred a different outcome.

Risks and downsides of dying without a will

• You lose control over who inherits, assets may go to people you did not intend
• Unmarried partners, friends or charities may receive nothing
• Children under 18 may have their inheritance delayed and held in trust
• Estates may incur higher inheritance tax or legal costs without proper planning

Why dying intestate can cause unintended and unfair results

Under intestacy, only legally recognised relatives have inheritance rights. That means long-term partners who are not married, stepchildren not formally adopted, or close friends are excluded.

If your children are under 18, their share may be held in trust until they reach adulthood, delaying access.

Because default rules do not account for personal wishes, sentimental gifts, charitable donations or complex family situations, the result may feel unjust, especially after life changes like divorce, remarriage or second families.

Unplanned estates may also trigger higher inheritance tax bills if no tax-efficient planning was done.

When a will (or more than one) makes a big difference

• A valid will lets you decide exactly who inherits and in what proportions
• You can support unmarried partners, friends or charities
• You can appoint legal guardians for children under 18
• You can plan for inheritance tax and estate management

How a will gives control and clarity over your legacy

A properly drafted will ensures your wishes are legally binding and avoids the default only-relative inheritance rules under intestacy. It enables you to provide for dependants, non-relatives, or causes you care about.

You can also specify executors, people you trust to handle your estate, and outline how debts, taxes, property, and personal items should be dealt with. This helps avoid family disputes, delays and unintended distributions.

Most legal experts and advisory bodies recommend making a will regardless of age or wealth, because life changes often alter what you own and who depends on you.

What to do now
Simple steps to put your affairs in order

• Write a legally valid will, ideally with a solicitor or regulated professional
• Review it whenever your family or finances change (marriage, children, property, divorce)
• Keep it in a safe place and make sure executors know where it is
• Consider potential tax or inheritance-planning needs
• Think about long-term fairness, especially for unmarried partners and dependants

Why early estate planning matters

Because intestacy law doesn’t recognise many modern relationships or wishes, it is important to make a will while you are alive. That ensures you control what happens to your estate, how it's distributed, who inherits, and who administers it.

Updating your will over time makes sure it remains relevant to your situation.

Conclusion

Dying without a will means your estate is distributed according to rigid legal rules that may not reflect your wishes. While spouses and children are generally protected under intestacy, unmarried partners, friends, and charitable causes often receive nothing.

A valid will ensures you retain control over your assets and legacy and helps avoid unintended financial or emotional problems for your loved ones. Writing or updating a will is a simple but powerful step that brings clarity, certainty, and peace of mind.