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The short answer: If you die without a will in the UK, the law decides who inherits your estate through "intestacy rules." This often means your money and property don't go where you'd want them to - and unmarried partners get nothing.
Around 60% of UK adults don't have a will. Many assume their partner or children will automatically inherit everything. They're often wrong.
What is Intestacy?
"Intestacy" means dying without a valid will. When this happens, a fixed set of legal rules determines who inherits your estate. You have no say in the matter.
The intestacy rules follow a strict hierarchy based on your family relationships. They don't consider:
- Your wishes or intentions
- Unmarried partners (regardless of how long you've been together)
- Stepchildren (unless legally adopted)
- Close friends
- Charities you support
The Intestacy Rules Explained
Here's who inherits under intestacy rules, in order of priority:
| Your Situation | Who Inherits |
|---|---|
| Married/civil partner, no children | Spouse gets everything |
| Married/civil partner with children | Spouse gets first £322,000 + half the rest. Children share the other half. |
| Unmarried with children | Children inherit everything equally |
| No spouse or children | Parents inherit. If no parents, siblings. Then grandparents, aunts/uncles. |
| No living relatives | Everything goes to the Crown (government) |
If You're Married or in a Civil Partnership
No Children
Your spouse or civil partner inherits your entire estate. This is often what people want, so it may seem fine - but there's a catch.
Without a will, your spouse has no guidance on your wishes. They won't know:
- Who you wanted as funeral director
- Whether you wanted burial or cremation
- Any specific gifts you wanted to make
- What to do if they remarry
With Children
Your spouse gets:
- All personal possessions
- The first £322,000 of your estate
- Half of everything above £322,000
Your children share the other half equally. If your children are under 18, their inheritance is held in trust until they turn 18.
If You're Unmarried
This is where intestacy rules cause the most heartbreak.
If you're not married or in a civil partnership, your partner inherits nothing under intestacy rules. It doesn't matter if you've been together for 30 years or have children together.
Your estate goes to:
- Your children (or grandchildren if children have died)
- Your parents
- Your siblings
- Your grandparents
- Your aunts and uncles
- The Crown
Your long-term partner could be left homeless while your estranged sibling inherits everything.
What About Children?
Minor Children (Under 18)
Without a will, you can't appoint guardians for your children. The court will decide who raises them if both parents die.
Their inheritance is held in trust until they turn 18. Then they receive everything in one lump sum - which may not be ideal for an 18-year-old suddenly receiving a large inheritance.
Stepchildren
Stepchildren inherit nothing under intestacy rules unless you legally adopted them. Even if you raised them from birth, they have no automatic claim on your estate.
Children from Different Relationships
All biological and adopted children share equally. This might not match your wishes, especially if some children are already financially independent while others need support.
Common Problems Without a Will
1. Unmarried Partners Left With Nothing
Over 3 million cohabiting couples in the UK have no automatic inheritance rights. Your partner could lose their home.
2. Family Home Must Be Sold
If there's not enough cash to satisfy inheritance claims, the family home may need to be sold.
3. Business Complications
Without clear instructions, your business could be thrown into chaos or sold off quickly at below market value.
4. Estranged Relatives Inherit
Intestacy follows bloodlines. That sibling you haven't spoken to in 20 years could inherit before your best friend.
5. Inheritance Tax Inefficiency
Without tax planning in your will, your estate may pay more inheritance tax than necessary.
6. Delays and Extra Costs
Sorting out an intestate estate takes longer and costs more in legal fees than one with a clear will.
Frequently Asked Questions
What happens to my house if I die without a will?
Your house passes according to intestacy rules. If married with children, your spouse may need to share ownership with your children, potentially forcing a sale. If unmarried, your partner has no right to stay.
Does my partner inherit if we're not married and I have no will?
No. Unmarried partners have absolutely no inheritance rights under UK intestacy rules, regardless of how long you've been together or whether you have children.
Can I contest intestacy rules?
You can apply under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased. But this is expensive, stressful, and not guaranteed to succeed.
What if I have a will from years ago?
An old will is usually better than no will. But you should update it if circumstances have changed - new children, divorce, new property, etc.
How much does a will cost to avoid intestacy?
A simple will costs from £99 with a will writer or £150-300 with a solicitor. Compare that to the potential cost and stress of intestacy.