What Happens if I Die Without a Will?

Anyone over the age of 18 can have a will in the UK, but many individuals still neglect to make this important document. If you pass away without a valid will, the legal system will determine how your assets are distributed, which may not align with your intentions or the needs of your loved ones. In this article, we will explore what happens if you die without a will and why making a will is crucial for ensuring your wishes are honoured.

Intestacy Rules

When a person dies without a valid will in the UK, they are said to have died intestate. In such cases, the distribution of their estate is governed by the intestacy rules, which are a set of legal guidelines outlining who will inherit and in what proportions.

Spouse or Civil Partner's Entitlement

If you are married or in a civil partnership and die without a will, the intestacy rules prioritise your spouse or civil partner. They will generally inherit the first £270,000 of your estate, all your personal belongings, and half of the remaining estate. The other half is divided equally among your surviving children.

What Happens if I get Married or Re-Marry?

Don't be caught out! If you get married, your previous will is immediately revoked. The assumption is that you would want to change your will if you were to remarry so make sure you create a new will if you are getting married or re-married.

Unmarried Partners 

If you are in a relationship but you are not married or in a civil partnership, your partner receives nothing, and has to make an expensive court application to try to change this. No matter how long you’ve been together, unmarried partners will have no automatic entitlement to inherit from your estate, however you can make a claim if your partner has been supported by you in life. 

Stepchildren

Similarly, stepchildren are not included in the intestacy rules, so they will not inherit anything from you if you do not have a will. Like unmarried partners, your stepchildren can make a claim if you have supported them in your life.

Other Potential Complications

The intestacy rules can be complex and may result in unintended consequences. For instance, if you have no surviving relatives, your estate may pass to the Crown or the government. Additionally, if you wish to make charitable donations or provide for close friends or non-relatives, the intestacy rules do not account for such provisions.

Updating and Reviewing Your Will

Circumstances in life change - marriage, divorce, children and grandchildren may necessitate updating your will. If you have minor updates to make, a supplement known as a ‘codicil’ is added. If you have larger changes, it's advised you get a completely new will. Regularly reviewing your will with the help of one of our solicitors ensures that it accurately reflects your current wishes and minimises the potential for complications in the unfortunate event that you were to suddenly pass away.

Why is it important to make a Will?

Creating a will is the best way to ensure that your assets are distributed according to your wishes after your death. By making a will, you have control over who inherits your property, possessions, and investments. You can also appoint guardians for your minor children and make specific provisions for individuals who may not be recognised under intestacy rules, such as unmarried partners, stepchildren or friends

Making a Will with Davis Gregory

Davis Gregory has had a dedicated wills department for nearly 40 years, where we also store your will free of charge. We’re here to support you through life’s ups and downs, and we celebrate many long-term relationships with our clients, who have required updates to their wills to reflect life’s changes over the years. Writing a will is essential for peace of mind that your family will be cared for once you are no longer with them. 

Find out more about our Wills service