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What Happens If You Die Without a Will in the UK?

· 25 min

Note: The following scenario is fictional and used for illustration.

Emma thought her partner of 12 years would automatically inherit their home. At 38, with two young children and a £340,000 estate, she never imagined dying suddenly from an undiagnosed heart condition.

Because Emma and James weren't married, James inherited nothing under UK intestacy rules. The entire estate went to her parents, who legally owned the house she and James had bought together. James, who had no legal claim, faced eviction with their children aged 6 and 9. Learn why unmarried couples urgently need a will.

Within six months, he had lost his partner, his home, and his children's stability—all because Emma believed the myth of "common law marriage."

Emma's story isn't unique. Over 56% of UK adults don't have a will, and many hold dangerous misconceptions about who inherits their estate. When you die without a will in the UK, the government decides who gets your assets through strict intestacy rules that haven't changed fundamentally since 1925.

These rules ignore modern relationships, disregard your wishes, and can tear families apart.

In this comprehensive guide, you'll discover exactly what happens when someone dies without a will in the UK, who inherits under intestacy rules, and how to protect the people you love from Emma and James's nightmare.

Table of Contents

Understanding Intestacy: When the Law Decides Your Legacy

"Intestacy" means dying without a valid will. When this happens, the law decides who inherits your estate through rules set out in the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014).

These rules are rigid, inflexible, and ignore individual circumstances.

According to the Money and Pensions Service, 56% of UK adults lack a will. Even more concerning, 53% of adults aged 50-64 don't have one despite approaching retirement with significant assets.

Intestacy isn't just a problem for the wealthy. It affects estates of all sizes, from a £50,000 flat to a £500,000 family home. The law treats each the same—impersonally, mechanically, without considering your relationships or wishes.

The intestacy rules were designed in 1925 when families looked vastly different. Most couples were married, stepfamilies were rare, and cohabitation was uncommon. Today's families—unmarried partners, blended families, adopted children, same-sex couples—don't fit these outdated categories.

This isn't about being rich or being old. It's about protecting the people you love from laws that don't understand modern relationships.

The Intestacy Distribution Rules: Who Actually Inherits?

When you die without a will in the UK, the law follows a strict order of distribution. Here's exactly who inherits your estate under different scenarios.

You Leave a Spouse or Civil Partner AND Children

Your spouse or civil partner receives:

Your children receive:

  • The other half (50%) of the remaining estate
  • Shared equally between all children
  • If a child has died, their share goes to their children (your grandchildren)
  • Children must be 18 or older to inherit (held in trust until then)

Example:

David's estate was worth £500,000. His wife Sarah received £322,000 plus £89,000 (half of the remaining £178,000) = £411,000. Their three adult children shared the remaining £89,000, receiving roughly £29,667 each.

The statutory legacy of £322,000 means that if your estate is worth £350,000, your spouse receives £322,000 plus £14,000 (half of the remaining £28,000). Your children share just £14,000 between them.

You Leave a Spouse or Civil Partner BUT NO Children

Your spouse or civil partner receives 100% of everything. No limit or sharing required.

This scenario might seem straightforward, but what if your spouse remarries and changes their will later? Your siblings or parents receive nothing now, and potentially nothing ever.

You Leave Children BUT NO Spouse or Civil Partner

Everything is divided equally among your children. If a child has died, their share goes to their children.

Critical point:

Stepchildren do NOT inherit unless legally adopted. Under UK intestacy rules, only biological children and legally adopted children have inheritance rights. Learn more about estate planning for blended families to protect stepchildren according to your wishes.

You Leave NO Spouse or Civil Partner AND NO Children

Your estate is distributed in this strict order:

  1. Parents (100% if both alive, split equally)
  2. Siblings (if no parents survive)
  3. Half-siblings (if no full siblings survive)
  4. Grandparents
  5. Aunts and uncles
  6. Half-aunts and half-uncles
  7. The Crown (bona vacantia—the government gets everything)

Your spouse or civil partner must survive you by 28 days to inherit. If they die within that period, they're deemed not to have survived you, and the next class of beneficiary inherits.

The Myth of "Common Law Marriage": Why Unmarried Partners Inherit Nothing

Here's a shocking fact: 46% to 51% of Brits wrongly believe that couples who live together have the same legal rights as married couples.

They don't. There is no such thing as "common law marriage" in UK law.

No matter how long you've lived together—5 years, 20 years, 40 years—unmarried partners inherit zero under intestacy. This includes:

  • Long-term cohabiting partners
  • Engaged couples
  • Partners with children together
  • Partners who own property together (if solely in deceased's name)

Real-life scenario:

Mary and Jim lived together for 17 years with four children. Their property was in Jim's name. When Jim died without a will, Mary inherited nothing and faced eviction with their children.

Sound familiar?

The only exception is claiming under the Inheritance (Provision for Family and Dependants) Act 1975. This requires:

  • Cohabiting for 2 or more years immediately before death
  • Filing within 6 months of Grant of Representation
  • Going to court with expensive legal representation
  • No guaranteed outcome—entirely at court's discretion
  • Creating family conflict and delaying estate distribution

Even when successful, unmarried partners receive only what's needed for their "maintenance"—far less than a spouse would inherit automatically.

If you're unmarried and your partner dies without a will, you could lose your home, your financial security, and face legal battles—all while grieving. A will is the only way to protect your partner.

Who Gets Left Out? People Intestacy Rules Ignore

Intestacy rules are brutally specific about who can inherit. Here's who receives nothing, no matter how important they were to you.

People who inherit NOTHING under intestacy: 1. Unmarried partners

(regardless of how long you've been together)

2. Stepchildren

(unless legally adopted)

Rachel raised her stepson Tom from age 4. When she died, Tom—now 25—inherited nothing. Rachel's biological nephew, whom she'd met twice, inherited everything under intestacy rules.

3. Ex-spouses

(after divorce is finalized—this is actually good news)

4. Close friends

(no matter how important to you)

5. Carers

(people who looked after you for years)

Tom spent 15 years caring for his elderly aunt, sacrificing his career and personal life. When she died intestate with an estate worth £180,000, Tom inherited nothing. Her estranged sister—who hadn't visited in 20 years—received the entire estate.

6. Charities

(intestacy never includes charitable giving)

7. Partners from previous relationships

(if you've remarried)

8. Anyone you verbally promised inheritance to

(oral wishes have zero legal weight)

Intestacy rules are rigid and ignore love, loyalty, and modern family structures. They reward biology and legal marriage over bonds, care, and commitment.

Even adopted children have full inheritance rights—equal to biological children. But stepchildren you raised for decades? Nothing.

Estate Value Thresholds: When the £322,000 Statutory Legacy Matters

The statutory legacy of £322,000 creates arbitrary divisions that might not match your wishes. Here's how it works in practice.

Estate Worth £200,000 (With Spouse + Children)

  • Spouse receives 100% (£200,000)
  • Children receive nothing

This might feel fair, but what if your children need support for university or their first home? What if your spouse remarries and changes their will later, cutting out your children entirely?

Estate Worth £322,000 Exactly (With Spouse + Children)

  • Spouse receives 100% (at threshold)
  • Children receive nothing

Your children's inheritance depends on arbitrary thresholds, not your wishes.

Estate Worth £500,000 (With Spouse + Children)

  • Spouse receives £322,000 + £89,000 (half of £178,000 remainder) = £411,000
  • Children share £89,000 total

If you have three children, each receives roughly £29,667—potentially not enough to help with university, homes, or life needs.

Estate Worth £1,000,000 (With Spouse + Children)

  • Spouse receives £322,000 + £339,000 (half of £678,000 remainder) = £661,000
  • Children share £339,000 total

While substantial, this split might not match your wishes. Perhaps you'd rather your spouse receive more for their lifetime, or distribute to children at different ages based on their circumstances.

Intestacy splits are mathematical, not thoughtful. They can't account for your spouse's needs, your children's circumstances, or your family's unique situation.

Your estate might include property that's increased in value, pensions, savings, and life insurance. Many people don't realize their estate is worth far more than they think—especially when property is included.

How Intestacy Affects Different Family Structures

Intestacy rules create different problems for different families. Here's how they might affect you.

Young Couples (20s-30s) Without Children

If married:

Spouse inherits everything (good)

If unmarried:

Partner inherits NOTHING

Your estate goes to parents or siblings instead.

At 29, Jake died in a cycling accident. His girlfriend of 8 years, Sophie, inherited nothing. Jake's estranged father—who Jake hadn't spoken to in 10 years—received Jake's £90,000 savings and shared flat.

New Parents and Growing Families

No guardian nominations under intestacy.

Courts decide who raises your children, potentially family you don't trust.

The surviving parent receives less than you might intend if the estate is large. Children's inheritance is held in trust until 18—they can't access it earlier even for education.

When Lisa died, her estate was split between her husband Mark and their children. Mark couldn't access the children's £60,000 share for their private school fees. Money sat frozen while they needed it desperately.

Learn more about choosing guardians for your children to avoid leaving this critical decision to the courts.

Blended Families and Remarriage

Stepchildren inherit NOTHING

(unless legally adopted).

Your current spouse receives inheritance, potentially cutting out children from your first marriage entirely.

Robert remarried after his divorce. When he died intestate, his second wife inherited everything under £322,000. His adult children from his first marriage—whom he'd supported for 30 years—received only a small share of what remained.

Single Parents

Children inherit everything, but with no guardian nomination, courts decide who raises them. Single parents need wills more than anyone. No instructions on how money should be used (education, housing, etc.). No protection against children receiving lump sums at 18 (potentially irresponsibly).

Later Life (55+) and Empty Nesters

If you have no children, your entire estate goes to your spouse (may be fine). But after your spouse dies, the estate may go to siblings or extended family you don't intend to benefit.

No charitable giving (if that matters to you). No specific gifts (family heirlooms, sentimental items).

The Hidden Costs of Intestacy: Time, Money, and Family Conflict

Intestacy isn't just about wrong distributions—it's expensive, slow, and causes family trauma.

Timeline Delays

Intestacy takes 9-12 months on average, compared to 6-9 months with a will. The process requires "Letters of Administration" (not Grant of Probate).

Additional 1-3 months is needed to identify legal beneficiaries under intestacy rules. Families can't access funds during this period—even for funeral costs or mortgage payments.

Intestacy requires additional solicitor time to trace beneficiaries. Potential costs: £5,000-£15,000+ for complex estates, compared to straightforward probate with a will costing £3,000-£7,000.

More beneficiaries mean more complexity and higher costs. Solicitors may charge hourly rates up to £350 or percentage fees of 2-5% of the estate value.

Intestacy breeds disputes. Unclear intentions lead to arguments.

Unmarried partners may file Inheritance Act claims (expensive, uncertain). Family members may challenge administrator appointments. Siblings may fight over who gets sentimental items with no guidance. Children from different relationships may distrust each other.

After Sarah died intestate, her three siblings spent 18 months arguing over who should be administrator and how to divide her assets. Legal fees consumed £12,000 of her £180,000 estate. Her children received far less than Sarah would have wanted, and family relationships were permanently damaged.

Inheritance Tax Inefficiencies

No inheritance tax planning under intestacy. You miss out on reliefs and exemptions that wills enable. No use of trusts to reduce tax burden.

Potential IHT liability: Up to 40% on estates over £325,000 (nil-rate band).

Intestacy doesn't just give your assets to the wrong people—it makes the process longer, more expensive, and emotionally traumatic for everyone you love.

Special Circumstances: Scotland, Northern Ireland, and Unique Situations

Intestacy rules vary across the UK, and special circumstances add further complexity.

Scotland

Scotland has different rules using "Prior Rights" and "Legal Rights" systems.

Spouse receives:

  • First £473,000 in housing rights
  • Up to £29,000 in household contents
  • £50,000 from the estate (if there are children) or £89,000 (if no children)

The Trust and Succession Scotland Act 2024 recently altered the order in which family members share the estate, making greater provision for spouses and civil partners.

Scotland's system differs significantly from England and Wales. Getting married does not invalidate a will in Scotland (unlike in England and Wales).

Northern Ireland

Similar to England and Wales but with local legislation. Statutory legacy is £322,000 (updated 2023). Same unmarried partner exclusions apply.

Other Edge Cases

Jointly Owned Property:

"Joint tenants" pass automatically to the surviving owner (bypasses intestacy). "Tenants in common" shares pass under intestacy rules. Many couples don't know which type of ownership they have.

Life Insurance and Pensions:

Often have nominated beneficiaries (bypass intestacy). But if no nomination or out-of-date, may fall into the estate.

Digital Assets:

Social media accounts, cryptocurrencies, digital photos. Intestacy provides no guidance on these modern assets. Families often can't access important digital legacies.

Business Interests:

Intestacy can force business sales (to provide liquid cash for distribution). Partnerships may dissolve. No continuity planning.

If any of these situations apply to you, intestacy becomes even more unpredictable. A will gives you complete control.

How to Avoid Intestacy: Your Options for Protecting Loved Ones

You have three main options for avoiding intestacy. Here's how they compare.

Option 1: Traditional Solicitor Will

Cost:

£650-£1,500+ (depending on complexity)

Timeline:

3-6 weeks (appointments, drafts, revisions, signing)

Best for:

Complex estates (business interests, multiple properties, complex trusts)

Drawbacks:

Expensive, time-consuming, requires in-person appointments

Option 2: Online Will Services (Like WUHLD)

Cost:

£99.99 one-time payment (vs £650+ solicitor)

Timeline:

15 minutes online (no appointments needed)

Includes:

Will + Witness Guide + Testator Guide + Estate Information Guide (4 documents)

Preview:

Free before paying (no credit card required)

Legally valid:

For straightforward UK estates

Best for:

Most people (couples, families, single parents, property owners under £1M)

Drawbacks:

Not suitable for very complex estates (multiple businesses, overseas assets, complex trusts)

Learn more about how to make a will in the UK with step-by-step guidance.

Option 3: DIY Will Kits or Handwritten Wills

Cost:

£10-£30 for kits; free for handwritten

Risks:

High error rate, easy to make invalid, no legal guidance

Common mistakes:

Incorrect witnessing, unclear language, missing signatures, doesn't comply with Wills Act 1837 requirements

Often rejected during probate.

Not recommended:

False economy that creates bigger problems later.

Decision Framework

Ask yourself:

  • Do I have children under 18? (You need guardian nominations—yes to will)
  • Am I unmarried but in a relationship? (Your partner needs protection—yes to will)
  • Is my estate worth over £100,000? (Intestacy will cause problems—yes to will)
  • Do I have stepchildren, a blended family, or specific wishes? (Intestacy ignores these—yes to will)
  • Do I want to leave gifts to friends or charities? (Intestacy never does this—yes to will)

If you answered yes to ANY of these questions, you need a will.

Take Action Today: Create Your Will in 15 Minutes

Every day without a will is a day your loved ones are unprotected. Over 56% of UK adults are in the same position.

But you don't have to be.

Why WUHLD Is Different

£99.99 total cost

(no subscriptions, no hidden fees)

15 minutes online

(tonight, from your sofa)

Preview your will completely free

before paying

Legally valid

under Wills Act 1837

4 complete documents included

(everything you need)

No appointments, no awkward conversations, no weeks of waiting

What You'll Specify in Your WUHLD Will

  • Who inherits your estate (and in what proportions) - see what to include in your will
  • Guardians for children under 18
  • Your chosen executors (who manages your estate)
  • Specific gifts (jewellery, heirlooms, sentimental items)
  • Funeral wishes
  • Clear, legally binding instructions

The Process

  1. Answer simple questions online (15 minutes)
  2. Preview your complete will (free, no credit card)
  3. Pay £99.99 only when you're completely satisfied
  4. Download, print, and sign with two witnesses
  5. Done—your loved ones are protected

Emma's partner James lost everything because she believed she had time. You have time right now.

Protect the people you love. Start your will with WUHLD today.

Key takeaways:

  • Intestacy rules ignore unmarried partners, stepchildren, friends, and charities
  • The statutory legacy of £322,000 creates arbitrary splits that might not match your wishes
  • Common law marriage is a myth—unmarried partners inherit nothing automatically
  • Intestacy takes 9-12 months and costs £5,000-£15,000+ in additional legal fees
  • A will is the only way to protect the people you love and control your legacy

Create your legally valid will today with WUHLD. Our step-by-step platform ensures you meet all UK legal requirements.

For just £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document

Frequently Asked Questions

What are the intestacy rules in the UK?

When someone dies without a valid will in the UK, intestacy rules automatically determine who inherits their estate. These rules follow a strict hierarchy: if you're married with children, your spouse receives all personal belongings plus the first £322,000 of the estate and half of anything above that amount. Your children share the remaining half equally. If you have no spouse, everything goes to your children. If you have neither spouse nor children, your estate passes to parents, then siblings, then more distant relatives. If no relatives can be found, your entire estate goes to the Crown. These rules are set out in the Administration of Estates Act 1925 and cannot be changed without a will.

Do unmarried partners inherit anything if I die without a will?

No. Unmarried partners inherit nothing automatically under UK intestacy rules, regardless of how long you've lived together or whether you have children together. Common law marriage does not exist in UK law—this is a dangerous myth that 46-51% of Brits wrongly believe. The only way an unmarried partner can inherit is by making a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975, which requires cohabiting for at least 2 years, filing within 6 months of probate, expensive legal representation, and has no guaranteed outcome. The only reliable way to protect an unmarried partner is to create a will that specifically names them as a beneficiary.

What happens to my bank account if I die without a will?

Your bank accounts become part of your estate and are distributed according to intestacy rules. The bank will freeze your accounts when notified of your death, and the funds can only be accessed by your estate's administrator after obtaining Letters of Administration (the intestacy equivalent of probate). This process typically takes 9-12 months. If you're married with children, your spouse receives the first £322,000 plus half the remainder, and your children share the other half. If you're unmarried, your partner has no automatic right to access these funds—they would go to your parents or siblings instead.

Can my partner claim anything if I die without a will?

Unmarried partners can attempt to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is expensive, complicated, and uncertain. To qualify, you must have lived together for at least 2 years immediately before death. Claims must be filed within 6 months of the Grant of Representation, require expensive legal representation (often £5,000-£15,000+), and the court has complete discretion over the outcome. Even successful claims typically only provide "maintenance" rather than full inheritance rights. This legal battle happens while your partner is grieving and causes family conflict. A will is the only guaranteed way to protect your partner.

How long does probate take if someone dies without a will?

Probate without a will (called "intestacy") typically takes 9-12 months on average, compared to 6-9 months with a valid will. The process requires applying for "Letters of Administration" rather than a Grant of Probate, which takes additional time because authorities must verify the legal beneficiaries under intestacy rules. During this period, family members cannot access the deceased's assets—not even for funeral costs or mortgage payments. Complex estates with multiple beneficiaries, jointly owned property, or disputes can take 18 months or longer to resolve.

Who inherits if I have no spouse or children?

If you die without a will and have no spouse or children, your estate follows this strict order: first to your parents (split equally if both alive), then to your siblings (shared equally), then to half-siblings, then to grandparents, then to aunts and uncles, then to half-aunts and half-uncles. If absolutely no living relatives can be traced, your entire estate goes to the Crown under "bona vacantia" rules—the government takes everything. This means your estate could go to distant relatives you barely know or have never met, while close friends, carers, unmarried partners, stepchildren, and charities receive nothing.

What is common law marriage in the UK?

Common law marriage does not exist in UK law—it is a dangerous myth. There is no such legal status in England, Wales, Scotland, or Northern Ireland. Research shows that 46-51% of Brits wrongly believe couples who live together have the same legal rights as married couples, but this is completely false. No matter how long you've lived together—5 years, 20 years, or 40 years—unmarried partners have zero automatic inheritance rights under intestacy. Living together, having children together, or sharing property does not create any legal marriage status. Only a valid marriage or civil partnership creates automatic inheritance rights. The only way to protect an unmarried partner is through a will.

How much does my spouse inherit if I die without a will?

The amount your spouse inherits under intestacy depends on whether you have children and your estate's total value. If you have children, your spouse receives all personal belongings, the first £322,000 (the statutory legacy, updated July 2023), and 50% of anything above that amount. For example, with a £500,000 estate, your spouse gets £411,000 (£322,000 + half of the remaining £178,000), and your children share £89,000. If your estate is worth less than £322,000, your spouse receives everything and children get nothing. If you have no children, your spouse inherits 100% of your entire estate regardless of value.

Do stepchildren inherit anything under intestacy rules?

No. Stepchildren inherit nothing under UK intestacy rules unless you have legally adopted them. Only biological children and legally adopted children have automatic inheritance rights when someone dies without a will. This means a stepchild you raised from age 4 to adulthood would receive nothing, while a biological nephew you met twice could inherit your entire estate. This is one of the most painful injustices of intestacy rules, which were designed in 1925 and don't recognize modern blended families. The only way to ensure stepchildren inherit is to create a will that specifically names them as beneficiaries.

What are the hidden costs of dying without a will?

Intestacy creates significant hidden costs beyond incorrect asset distribution. Legal and administrative costs typically range from £5,000-£15,000+ for complex estates (compared to £3,000-£7,000 with a will) because solicitors must spend additional time tracing beneficiaries. The process takes 3-6 months longer, during which families cannot access funds for essential expenses. Intestacy often breeds family disputes—unmarried partners may file expensive Inheritance Act claims, siblings may fight over administration, and children from different relationships may distrust each other. These conflicts can consume thousands in additional legal fees. Intestacy also prevents inheritance tax planning, potentially costing your estate up to 40% on amounts over £325,000. The emotional trauma of family conflict and uncertainty while grieving is incalculable.

How can I avoid intestacy?

The only way to avoid intestacy is to create a valid will. You have three main options: traditional solicitor wills (£650-£1,500+, takes 3-6 weeks, best for very complex estates), online will services like WUHLD (£99.99, takes 15 minutes, suitable for most straightforward estates), or DIY will kits (£10-£30 but high error rates and often invalid). For most people, an affordable online will service provides the best balance of cost, speed, and legal validity. Your will must meet Wills Act 1837 requirements: written document, signed by you, and witnessed by two independent adults who are not beneficiaries. Once properly executed, your valid will overrides all intestacy rules and ensures your wishes are legally binding.

What happens to my children if I die without a will?

If you die without a will, your children inherit under intestacy rules, but the process creates serious problems. First, intestacy provides no guardian nominations—if both parents die, courts decide who raises your children, potentially choosing family members you wouldn't trust. Second, children's inheritance is held in a strict trust until age 18 with no flexibility—the surviving parent or guardian cannot access these funds earlier even for essential expenses like education or housing. Third, children receive their entire inheritance as a lump sum at 18, with no protections against irresponsible spending. Finally, if your estate is large (over £322,000), your children's inheritance might be far less than you'd want because your spouse automatically receives the first £322,000 plus half the remainder. A will lets you choose guardians, control when children inherit, and specify how funds should be used for their benefit.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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