What happens if I die without a will?

If you die without a will (intestate), the law decides who gets your money, property and possessions—often not in the way you’d choose—and your loved ones could face delays, extra tax bills and family disputes.

Why it matters

Dying intestate means you lose control over who inherits. Your nearest family must apply to the court for letters of administration, which takes time and can mean extra legal costs. Children under 18 won’t have guardians appointed in the way you’d want, and charities or friends won’t receive anything unless you’re married or in a civil partnership without children.

Intestacy rules in England and Wales

The law sets a fixed order for who inherits if there’s no will:

• Spouse or civil partner
  • If you leave children (or grandchildren) as well, your partner gets:
    • All personal items and the first £270,000 of your estate
    • Half of what remains
    • The other half is split equally among your children
  • If no children, your partner inherits everything.
• Children (or grandchildren)
  • Share the remaining half equally if a partner exists, or the whole estate if no partner.
• Parents, siblings and more distant relatives
  • If you have no partner or children, your estate goes to parents, then brothers and sisters, then more distant blood relations.
• The Crown
  • If no living relatives can be found, your estate passes to the Treasury.

Common mistakes

• Assuming your spouse gets everything. If you have kids, your partner only inherits part of the estate.
• Forgetting to plan for stepchildren or blended families. Intestacy rules ignore children you haven’t legally adopted.
• Overlooking guardianship. Without a will, no one is formally appointed to care for under-18s—social services intervene if family can’t agree.

Next steps

1. Try our Estate Planning Health Check to see exactly what your dependants and assets need.
2. Complete your details in our paid online will-writing service—it guides you step by step.
3. Once you receive your will, make sure you sign it with the required witnesses and store it safely.