What Happens if You Die Without a Will?

When someone dies without a valid will, they're said to have died "intestate". Instead of their wishes determining who inherits, strict legal rules take over. The results often come as a shock to families. See our full guide to intestacy for a detailed breakdown.

The intestacy rules

Under the current rules in England and Wales (updated 2014):

If you're married/civil partnered with children

Your spouse receives:

• All personal possessions
• The first £322,000 of the estate
• Half of anything above that

Your children share the other half equally. If any child has already died, their share goes to their children (your grandchildren).

If you're married/civil partnered without children

Your spouse inherits everything.

If you're single with children

Your children inherit everything equally.

If you're single without children

Your estate goes to relatives in this order:

1. Parents
2. Brothers and sisters (or their children if they've died)
3. Half-brothers and half-sisters (or their children)
4. Grandparents
5. Aunts and uncles (or their children)
6. Half-aunts and half-uncles (or their children)
7. The Crown (if no relatives can be found)

Who doesn't inherit under intestacy?

This is where the rules cause the most problems. The following people receive NOTHING:

• Unmarried partners: Even if you've lived together for 30 years
• Stepchildren: Unless you've legally adopted them
• Friends: No matter how close
• Charities: Even ones you've supported your whole life
• Carers: Even family carers who've sacrificed years looking after you

Other problems with intestacy

• No say over executors: The court decides who administers your estate
• No guardians for children: The court decides who looks after your children
• Potential tax inefficiency: No opportunity to plan for inheritance tax
• Family disputes: Arguments about who should administer the estate
• Delays: The process is often slower without a will

Can someone make a claim?

Certain people can apply to court for provision from an intestate estate, but this is expensive, uncertain, and causes family conflict. It's far better to make a will.

The solution

Making a will is the only way to ensure your estate goes where you want it to go. It doesn't take long, doesn't cost much, and gives you complete control. Don't leave your family to deal with the consequences of intestacy.