Wills & Estate Planning Guide
What Happens If You Die Without a Will?
The intestacy rules in England and Wales decide who inherits your estate — and the result is often not what you would have chosen.
More than half of UK adults do not have a will
If you die without a will, you die "intestate." The law — not you — decides who inherits your estate, who cares for your children, and who administers your affairs.
The Intestacy Rules: Who Inherits?
In England and Wales, if you die without a valid will, your estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 (as amended). The rules follow a strict order of priority — and many people are surprised by the result.
Married or civil partner with children
Your spouse or civil partner inherits the first £322,000 of your estate plus all personal possessions. Anything above that is split — half to your spouse, half equally between your children. This may not be what you intended, particularly if you have children from a previous relationship.
Married or civil partner, no children
Your spouse or civil partner inherits everything. Parents, siblings and other relatives receive nothing.
Unmarried partner
Your partner receives nothing — regardless of how long you have been together, whether you live together, or whether you have children together. This is one of the most common and devastating consequences of dying without a will.
Children only (no spouse)
Your estate is divided equally between your children. Stepchildren receive nothing unless legally adopted.
No spouse, no children
Your estate passes to parents, then siblings, then half-siblings, then grandparents, then aunts and uncles — in strict order. If no relatives can be found, your estate passes to the Crown (bona vacantia).
What Else Can Go Wrong Without a Will?
No guardian for your children
Without a will, you cannot appoint a guardian for minor children. The court decides — and it may not be the person you would have chosen.
No control over who administers your estate
Without a will, the person who applies to administer your estate (as administrator) is determined by the intestacy rules — not by you.
Inheritance tax exposure
A well-drafted will can reduce your estate's inheritance tax exposure through careful use of exemptions, reliefs and trusts. Dying intestate removes this opportunity.
Delay and cost
Intestate estates often take longer and cost more to administer than estates with a valid will — particularly where the family is complex or assets are significant.
Family disputes
The intestacy rules can create or inflame family disputes — particularly in blended families, where stepchildren, unmarried partners and biological children may all have competing expectations.
How to Protect Your Family: Make a Will
A professionally drafted will is the only way to ensure your estate passes to the people you choose, on the terms you set. At PDA Law, our Chester-based wills solicitors can draft a will that reflects your exact wishes — whether you have a straightforward estate or a complex family situation.
We confirm costs in writing before any work begins. Many clients are surprised by how straightforward and affordable the process is.
Frequently Asked Questions
What happens to my house if I die without a will?
If you own your home as joint tenants with a spouse or civil partner, it passes automatically to them regardless of whether you have a will. If you own it as tenants in common, your share passes under the intestacy rules — which may not be what you intended. If you are unmarried, your partner has no automatic right to your home under intestacy.
Does my partner inherit if I die without a will?
Only if you are married or in a civil partnership. Unmarried partners — no matter how long you have been together — receive nothing under the intestacy rules. This is one of the most common and devastating consequences of dying without a will. Making a will is the only way to protect an unmarried partner.
What happens to my children if I die without a will?
Your biological and legally adopted children will inherit under the intestacy rules. However, stepchildren receive nothing unless they have been legally adopted. If you have young children, a will also allows you to appoint a guardian — without a will, the court decides who cares for your children.
Can I contest an intestacy distribution?
Yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people — including unmarried partners, stepchildren and dependants — can apply to the court for reasonable financial provision from an estate, even if they receive nothing under the intestacy rules. This is a complex and often expensive process. Making a will avoids it entirely.
How quickly should I make a will?
As soon as possible. There is no minimum age for making a will (you must be 18 or over in England and Wales). Life events that make a will particularly urgent include: getting married or entering a civil partnership, having children, buying property, starting a business, or receiving a significant inheritance.
Who inherits under the intestacy rules if I have no family?
Under the intestacy rules in England and Wales, the estate passes to the closest living relatives in a fixed order: spouse or civil partner, then children, then parents, then siblings, then half-siblings, then grandparents, then aunts and uncles. If there are no living relatives at all, the estate passes to the Crown (bona vacantia). Making a will is the only way to leave your estate to friends, charities, or more distant relatives.
Does a spouse automatically inherit everything if there is no will?
Not necessarily. Under the intestacy rules, if you die leaving a spouse and children, your spouse receives the first £322,000 of the estate plus half of the remainder. The other half of the remainder passes to your children. Only if you have no children does your spouse inherit the entire estate. This can cause significant problems — particularly where the estate consists mainly of the family home.
What is the difference between dying intestate and dying testate?
Dying intestate means dying without a valid will. Dying testate means dying with a valid will in place. When you die intestate, the intestacy rules determine who inherits — regardless of your wishes. When you die testate, your estate is distributed in accordance with your will (subject to any Inheritance Act claims).
Can a cohabiting partner make an Inheritance Act claim?
Yes — a cohabiting partner who lived with the deceased for at least two years immediately before the death can apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. However, this is a court process that is uncertain, expensive and distressing. Making a will is far simpler and more reliable.
What happens to a jointly owned property if one owner dies without a will?
It depends on how the property is owned. If it is held as joint tenants, the surviving owner automatically inherits the deceased's share by right of survivorship — regardless of any will or intestacy rules. If it is held as tenants in common, the deceased's share passes under their will or, if there is no will, under the intestacy rules. We can advise on how your property is currently held and whether you should change the ownership structure.
Related Wills & Estate Planning Guides
How to Update a Will
When and how to update your will after a major life change.
Wills for Blended Families
Protecting children from previous relationships.
Wills Solicitors Chester
Chester-based will writing and estate planning.
Inheritance Tax Planning
Reducing your estate's IHT exposure.
Contesting a Will
Challenging a will on grounds of capacity or undue influence.
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All WTE services at PDA Law.