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

Sarah, 34, and her partner James, 36, had been together for eight years, owned a home together, and had two young children. When Sarah died suddenly in a car accident, James assumed he would inherit her half of their £480,000 home and her £65,000 in savings.

Instead, under UK intestacy rules, Sarah's parents inherited everything—James received nothing. He faced selling the family home to pay them their share while grieving and caring for two children under five.

Sarah's story isn't unique. Over 56% of UK adults don't have a will, meaning more than half of all deaths trigger intestacy rules that often contradict what the deceased would have wanted. This article explains exactly what happens when you die without a will in England and Wales, who inherits under intestacy rules, and how to ensure your wishes are followed.

Important: This article covers intestacy rules in England and Wales. Scotland and Northern Ireland have different inheritance laws.

What Does It Mean to Die Without a Will?

When you die without a valid will, you die "intestate." This means the government's intestacy rules automatically decide who inherits your estate, following a strict legal hierarchy that may not match your wishes.

You have no say in who gets what, who looks after your children, or how your assets are distributed. The rules apply whenever there is no valid will—whether you never made one, your will was improperly signed or witnessed, or you destroyed your will without creating a new one.

These rules are based on the Administration of Estates Act 1925—nearly 100 years old and designed for traditional families of the 1920s. They don't account for modern family structures like unmarried couples, blended families, or step-children.

Research from the Money and Pensions Service shows that 56% of UK adults aged 18 and over haven't got a will, including 53% of adults aged 50-64—people who are most likely to have accumulated significant assets and have dependents. When you die intestate, you lose control over your family's future.

Who Inherits Under UK Intestacy Rules?

Intestacy rules follow a rigid hierarchy that determines who inherits based on your family relationships, not the quality of those relationships or who you actually care about.

The Intestacy Hierarchy

The legal order of priority under intestacy is:

Spouse or civil partner (with specific rules if there are children)
Children (biological or legally adopted)
Parents
Siblings (full siblings, then half-siblings)
Grandparents
Aunts and uncles
The Crown (if no relatives exist)

Let's look at how this works in practice.

Married or Civil Partners WITH Children

If you're married or in a civil partnership and have children, your spouse doesn't automatically inherit everything. As of July 2023, the statutory legacy is £322,000.

Your spouse inherits:

The first £322,000 of your estate
All personal possessions (furniture, car, jewelry, etc.)
Half of everything above £322,000

Your children inherit:

The other half of everything above £322,000, divided equally
Nothing if your estate is worth £322,000 or less

Example scenario:

Emma dies intestate with an estate worth £500,000. She's married to David and they have two children.

David inherits: £322,000 + all personal possessions + £89,000 (half of the remaining £178,000) = £411,000 total
The two children inherit: £89,000 ÷ 2 = £44,500 each

Important note: Children under 18 don't receive their inheritance immediately. It's held in a statutory trust until they turn 18, at which point they receive the full amount as a lump sum—whether or not they're mature enough to manage it.

Married or Civil Partners WITHOUT Children

If you're married or in a civil partnership and have no children, your spouse inherits your entire estate. No limit, no sharing with other relatives.

NO Spouse but Children

If you have children but no spouse or civil partner, your estate is divided equally among all your children. If a child has died before you, their share goes to their children (your grandchildren).

NO Spouse and NO Children

Your estate passes down the hierarchy:

First to your parents (if alive)
If no parents, to your siblings (full siblings first, then half-siblings)
If no siblings, to your grandparents
If no grandparents, to your aunts and uncles
If no living relatives, to the Crown as "bona vacantia"

The estate goes to the first category that has living members. Everyone else gets nothing.

Who Gets NOTHING Under Intestacy Rules?

This is where intestacy rules cause the most devastating consequences. Entire groups of people who may have been central to your life inherit absolutely nothing.

Unmarried Partners

There is no such thing as "common law marriage" in UK law. This is a dangerous myth that leaves millions of people vulnerable.

Unmarried partners inherit nothing under intestacy rules, regardless of:

How long you've been together (even 20+ years)
Whether you have children together
Whether you own property together
Whether you're financially dependent on your partner

Cohabiting couples now represent 3.6 million families in the UK, making it the fastest-growing family type. Yet intestacy rules exclude them entirely.

Real-life scenario:

Emma and David lived together for 12 years and raised three children. When David died suddenly, his estate (£280,000 home, £40,000 savings) went entirely to his children from his first marriage. Emma inherited nothing and faced having to buy out the children's share of the home or move out with their three children together.

She spent £8,000 in legal fees attempting to claim provision under the Inheritance (Provision for Family and Dependants) Act 1975. While unmarried partners who lived together for 2+ years can attempt to claim, success is not guaranteed. The process is costly, stressful, takes months or years, and causes family conflict during grief.

Step-Children

Unless you legally adopted them, step-children inherit nothing under intestacy rules. Your biological children inherit; step-children you may have raised for years are completely excluded.

This is particularly harsh for blended families where a step-parent has been the primary caregiver.

Other Exclusions

Intestacy rules also exclude:

Friends, no matter how close
Charities you've supported for years
Carers who looked after you
In-laws or extended family outside the strict hierarchy

Tax Implications

Married couples and civil partners benefit from inheritance tax exemption—they can inherit any amount tax-free. Unmarried partners get no such exemption. If your estate exceeds £325,000, your partner could face a significant inheritance tax bill on top of everything else.

What Happens to Your Children If You Die Without a Will?

For parents, this is often the most frightening consequence of dying intestate.

Guardianship

You cannot appoint guardians in intestacy. If one parent survives, they automatically get custody—even if you're estranged or separated. If both parents die, family courts decide who raises your children. Learn more about appointing guardians for your children and why it's one of the most important decisions you'll make.

Courts prioritize the child's best interests, but they may not choose who you would have chosen. The process can also trigger painful family disputes at the worst possible time.

Real-life scenario:

After Claire and Mark died in an accident, their two children (ages 3 and 5) became the center of a family court battle. Claire's sister, who had always been close to the children and lived nearby, assumed she would be appointed guardian.

Instead, the court appointed Mark's parents, who lived 200 miles away and had a strained relationship with Claire's family. The children were uprooted from their school, friends, and the only home they'd known. Claire and Mark had always intended for Claire's sister to raise the children, but without a will, they had no say.

Financial Provision for Children

Children do inherit under intestacy rules, but there are significant limitations:

How it works:

Inheritance is held in a statutory trust until the child turns 18
Trustees (usually surviving parent plus one other adult) manage the money
At 18, the child receives the full inheritance as a lump sum

The problems:

Many 18-year-olds aren't mature enough to manage large sums responsibly
No flexibility in when or how children receive money
Guardians may struggle financially while raising children if the estate is tied up in trust
You can't set conditions or guidance for how the inheritance should be used

What a Will Allows

With a will, you can:

Appoint specific guardians you trust
Name backup guardians in case your first choice can't serve
Set up flexible trusts so children receive funds at 21, 25, 30, or based on milestones
Provide guidance on how inheritance should be used (education, housing, etc.)
Appoint trusted trustees to manage funds responsibly
Ensure guardians have access to funds to care for your children

How Intestacy Rules Fail Modern Families

Intestacy rules were designed for the traditional nuclear families of 1920s Britain: married couples with biological children. They reflect social norms from nearly a century ago.

According to the Office for National Statistics, married couples with children now represent only 66% of UK families. The remaining 34% fall into family structures that intestacy rules fail to address or actively harm.

Unmarried Couples

Cohabiting couples now account for 18% of all UK families—approximately 3.6 million couples. This is the fastest-growing family type in the country.

Yet intestacy rules offer them no protection whatsoever. It doesn't matter if you've been together for two years or twenty. Without a will, your partner inherits nothing.

Blended Families

Second marriages and blended families create complex scenarios that intestacy rules handle poorly.

Scenario:

Robert remarried after his divorce. He had two children from his first marriage (ages 18 and 20) and a step-daughter (age 12) from his new wife. Robert's estate was worth £280,000.

When he died intestate:

His new wife inherited the entire estate (under the £322,000 threshold)
His biological children from his first marriage inherited nothing
His step-daughter, whom he'd raised for 8 years and considered his own child, inherited nothing

This was the opposite of what Robert had told his family he wanted. He'd always said he wanted his estate split fairly between all three children. Without a will, his verbal wishes meant nothing.

Estranged Relatives

Intestacy rules don't account for estrangement or relationship quality. An adult child you haven't spoken to in 20 years still inherits under intestacy rules. There's no way to exclude relatives you don't want to benefit.

Dependent Relatives

If you financially support a disabled sibling, elderly parent, or other dependent relative, intestacy rules may provide nothing for their ongoing care. Your estate could go entirely to others while the person who actually relied on you is left with nothing.

Charitable Giving

There's no provision for charities under intestacy rules. If you've supported a cause for decades, they receive nothing. Your entire estate goes to relatives in the legal hierarchy, even if you barely knew them.

What Happens to Your Property and Assets?

Different types of assets are treated differently under intestacy rules. Understanding this can mean the difference between your family keeping your home or being forced to sell.

Jointly Owned Property

How you own property with someone else determines what happens when you die:

Joint tenants: The property automatically passes to the surviving owner, bypassing intestacy entirely. This is the most common arrangement for married couples.

Tenants in common: Your share passes according to intestacy rules and could force a sale of the property.

Many people don't know which type of ownership they have, and the consequences can be devastating.

Scenario:

Sophie and Tom, unmarried partners, bought their home as tenants in common with 50/50 shares. They assumed that if one died, the other would inherit their half.

When Tom died intestate, his 50% share passed to his parents under intestacy rules. Sophie was forced to either buy out her partner's parents' share (£150,000) or sell the home she'd shared with Tom for six years. Unable to afford the buyout while grieving, she had to sell and move.

If Tom had made a will leaving his share to Sophie, or if they'd owned the property as joint tenants, this heartbreak could have been avoided.

Bank Accounts and Savings

Jointly held accounts: Pass to the surviving account holder
Sole accounts: Pass via intestacy rules and can be frozen during probate (causing months of delays and financial hardship for surviving family)

Investments and Pensions

Investments (ISAs, stocks, bonds): Pass via intestacy rules
Pensions: Often pass outside intestacy via "expression of wishes" forms, but this isn't guaranteed. Always complete your pension provider's beneficiary nomination forms.

Business Ownership

If you're a sole trader, your business passes via intestacy rules. It could go to someone who has no ability or interest in running it, potentially destroying what you built.

Partnerships and limited companies are governed by shareholder or partnership agreements—if they exist.

Digital Assets

Online accounts, cryptocurrency, domain names, and social media accounts have no clear framework under intestacy rules. Executors may struggle to access or distribute these assets, and valuable digital property can simply disappear.

Overseas Property

UK intestacy rules don't apply to property located abroad. Foreign property is governed by that country's inheritance laws, which could create conflicts between different legal systems and dramatically complicate your estate.

The Probate Process When Someone Dies Intestate

The legal process for administering an estate without a will is longer, more complex, and more expensive than when there's a valid will.

Grant of Letters of Administration

With a will, your named executor applies for a Grant of Probate. Without a will, someone must apply to become administrator and obtain a Grant of Letters of Administration.

Who can apply:

Priority goes to the closest living relative in the intestacy hierarchy
Usually your spouse, then children, then parents, then siblings
If multiple people have equal right, they must agree on who applies—or the court decides
This often triggers family disputes at the worst possible time

Timeline

With a will: 6-12 months average

Without a will: 12 months to 3+ years

Delays are caused by:

Identifying all beneficiaries in the intestacy hierarchy
Tracing distant relatives who may be entitled to inherit
Resolving family disputes
Valuing complex estates with no clear instructions

While access to your assets is frozen, your family may struggle financially.

Administrator's Responsibilities

The administrator must:

Identify and value all assets
Pay all debts and taxes
Distribute the estate according to intestacy rules (not what the family thinks you would have wanted)
Keep detailed records
Take on personal liability if mistakes are made

This is an enormous burden on a grieving family member who may have no experience with estate administration.

Costs

Probate application fee: £273 for estates over £5,000
Legal fees: Typically higher for intestacy cases (£2,000-£5,000+)
Potential disputes: Additional legal costs if family members disagree

Real-life impact:

When David died intestate with a £450,000 estate, his sister was appointed administrator. She spent 18 months managing the probate process, including tracking down distant cousins entitled to shares under intestacy rules, getting property valued, and negotiating with HMRC.

The process cost £6,500 in legal and accounting fees. His family couldn't access funds during this time, causing severe financial strain while they were trying to grieve.

Can You Challenge Intestacy Rules?

Some people can attempt to challenge intestacy distributions, but it's far from guaranteed and often makes a difficult situation worse.

Inheritance (Provision for Family and Dependants) Act 1975

The 1975 Act allows certain people to claim "reasonable financial provision" from an estate if intestacy rules don't provide for them adequately.

Who can claim:

Spouses or civil partners (already provided for under intestacy, but can claim more)
Former spouses who haven't remarried
Cohabitees who lived with the deceased for at least 2 years immediately before death
Children of the deceased (including adult children)
Anyone who was financially dependent on the deceased

Requirements:

Must prove financial dependency or that reasonable provision wasn't made
Court considers: your financial needs, resources, obligations, estate size, and the deceased's known intentions
Time limit: Claims must be made within 6 months from the Grant of Representation

Practical Realities

While challenging intestacy is legally possible, the reality is harsh:

Success is NOT guaranteed: Courts have wide discretion and outcomes are unpredictable
Costly: Legal fees typically range from £1,000 to £10,000+ depending on complexity
Stressful: Court proceedings while you're grieving
Time-consuming: Cases can take 1-2 years to resolve
Adversarial: Pits family members against each other
No guarantee of outcome: You might spend thousands and still lose

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are complex and fact-specific. Success is not guaranteed, and we strongly recommend consulting a solicitor before making a claim.

Deed of Variation

All beneficiaries can agree to redistribute an estate differently within 2 years of death through a Deed of Variation. This requires unanimous agreement—if one beneficiary refuses, the variation fails.

This can be useful for minor adjustments or tax planning, but it's not reliable for major redistribution. You're asking people to voluntarily give up money they're legally entitled to.

The only way to guarantee your wishes are followed is to make a will. Challenging intestacy after death is uncertain, expensive, and stressful. Prevention is always better than cure.

How to Protect Your Family with a Will

A will gives you control over everything intestacy rules take away. Here's what you can do with a will that intestacy doesn't allow. If you're ready to take action, learn how to make a will in the UK with our complete 2025 guide.

1. Choose Who Inherits

Name specific beneficiaries: family, friends, charities, anyone you choose
Exclude people you don't want to inherit, including estranged relatives
Distribute assets in proportions YOU decide, not a government formula
Include step-children, unmarried partners, close friends—people intestacy rules exclude

2. Appoint Guardians for Children

Name specific guardians you trust to raise your children
Provide backup guardians if your first choice can't serve
Include guidance on values, education, and how you want children raised
Give your children stability instead of uncertainty

Our comprehensive guide on how to choose guardians for your children walks you through this crucial decision with expert guidance on qualities to look for, conversations to have, and common mistakes to avoid.

3. Create Flexible Trusts

Control when children receive inheritance (age 21, 25, 30, or based on milestones like university completion)
Protect vulnerable beneficiaries (disabled family members, those with addiction issues)
Manage assets for specific purposes (education funds, house deposits)
Prevent an 18-year-old from receiving a large lump sum they're not ready to manage

4. Choose Your Executors

Appoint trusted people to manage your estate
Select professionals (solicitors, accountants) if your estate is complex
Provide clear instructions to make their job easier
Avoid family disputes over who should be in charge

5. Make Specific Gifts

Leave sentimental items to specific people (jewelry, photos, collections, family heirlooms)
Distribute personal possessions based on meaning, not monetary value
Prevent family disputes over possessions
Ensure treasured items go to people who will cherish them

6. Support Charities

Leave gifts to causes you care about
Reduce inheritance tax (gifts to registered charities are tax-exempt)
Create a lasting legacy beyond your family

7. Express Funeral Wishes

Specify burial or cremation preferences
Provide guidance on the type of service you want
Relieve your family of difficult decisions during grief

Making a Will is Easier Than You Think

Many people put off making a will because they assume it's expensive, time-consuming, or legally complex. The reality is far simpler.

Cost comparison:

Solicitor: £650-£1,500+ (often requires multiple appointments over several weeks)
Online will service: £49.99 one-time payment (15 minutes from home)

See our detailed cost breakdown for all UK will services.

For straightforward estates, you don't need a solicitor. Most people can create a legally valid will in 15-30 minutes using an online service.

Common misconception: "I don't have enough assets to need a will."

Reality: If you have any assets (home, savings, car, possessions) or children, you need a will. Intestacy doesn't have a minimum threshold—it applies to estates of any size. Without a will, even modest estates can cause enormous problems for your family.

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What You Get for £49.99

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Estate Information Guide - Document to help your executor administer your estate

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Blended families who want to provide for step-children
Anyone with property, savings, or possessions they want to control

When You Might Need a Solicitor

WUHLD is honest about our limitations. You may benefit from professional legal advice if you have:

Multiple properties abroad
Complex business interests requiring specialized planning
Very large estates with sophisticated tax planning needs
Contentious family situations likely to result in legal challenges

For everyone else, WUHLD provides everything you need to protect your loved ones.

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Frequently Asked Questions

Q: Is there such a thing as common law marriage in the UK?

A: No, there is no such thing as common law marriage in UK law. This is a dangerous myth. Unmarried partners have no automatic inheritance rights under intestacy rules, regardless of how long you've lived together or whether you have children. The only way to ensure your partner inherits is to make a will.

Q: How long does probate take without a will?

A: Probate without a will typically takes 12 months to 3+ years, compared to 6-12 months with a valid will. Delays are caused by identifying beneficiaries, tracing distant relatives entitled to inherit under intestacy rules, and resolving potential family disputes. During this time, your family's access to your assets is frozen.

Q: What happens to your children if you die without a will?

A: If you die without a will, you cannot appoint guardians for your children. Family courts will decide who raises them, which may not reflect your wishes. Children's inheritance is held in a statutory trust until they turn 18, at which point they receive the full amount as a lump sum, regardless of maturity.

Q: Can I make a will without a solicitor?

A: Yes. For straightforward estates, you can create a legally valid will using an online service like WUHLD for £49.99. Complex estates with multiple properties abroad, business interests, or contentious family situations may benefit from professional legal advice. Create your will today to avoid intestacy.

Q: What happens if you die without a will and have no family?

A: If you die without a will and have no traceable relatives, your estate passes to the Crown as "bona vacantia" (ownerless property). The Government Legal Department administers these estates. As of 2024, there are almost 6,000 unclaimed estates across the UK with an estimated total value exceeding £1.6 billion.

Q: Does my partner inherit if we're not married?

A: No. Unmarried partners (cohabitees) have no automatic inheritance rights under UK intestacy rules, even if you've lived together for decades. The only way to ensure your partner inherits is to make a will naming them as a beneficiary.

Q: What is intestacy?

A: Intestacy occurs when someone dies without a valid will. Their estate is distributed according to intestacy rules—legal defaults set out in the Administration of Estates Act 1925—rather than according to their wishes. These rules follow a strict hierarchy based on family relationships.

Q: How much does it cost to make a will?

A: Solicitor fees for wills typically range from £650 to £1,500 and often require multiple appointments over several weeks. Online will services like WUHLD offer legally valid wills for £49.99 as a one-time payment with no subscriptions or hidden fees. See our complete cost comparison for all options.

Take Control of Your Family's Future

Key takeaways:

Dying without a will means intestacy rules—not you—decide who inherits your estate and who raises your children
Unmarried partners, step-children, friends, and charities inherit nothing under intestacy rules, no matter how close you are or how long you've been together
Children's guardianship is decided by family courts if you die without a will, not your wishes
Intestacy rules are nearly 100 years old and fail to reflect modern family structures like cohabiting couples and blended families
Creating a will is the only way to guarantee your wishes are followed and your loved ones are protected

You've spent your life building a home, caring for your family, and creating the future you want for the people you love. Don't let a 100-year-old legal default undo all of that.

A will is one of the most important documents you'll ever create—and with WUHLD, it takes just 15 minutes.

WUHLD makes creating a legally valid UK will simple and affordable. For £49.99, you'll get a complete will package including your Last Will and Testament, Witness Guide, Testator Guide, and Estate Information Guide—no subscriptions, no hidden fees.

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Legal Disclaimer: This article provides general information about UK intestacy rules and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

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