What happens if I don’t have a will?
Without a will, there’s no legal set of instructions setting out what to do with all your things.
You and your loved ones have no say over who gets what – whether it’s that sentimental something you’ve hidden away for your grandchild or the family home.
So, what happens if you don’t have a will in place?
Intestacy rules
When you pass away without a will, it’s known as dying ‘intestate’.
A valid will sets out clear, legal instructions for what should happen to your possessions.
Since there’s no legal way of determining your final wishes, your money, property, and personal assets will be subject to intestacy rules.
This means the authorities will distribute your estate based on someone’s relationship to you, and in a way they believe is fair.
Your loved ones will generally have no say in who gets what – although they might be able to contest the decision if they believe it’s unfair.
This is why a will is such an important document: it makes your final wishes clear and makes life a little bit easier for your loved ones.
Who will inherit without a will?
The rules of intestacy are guided by relationships. Common examples include:
If you’re married or in a civil partnership…
Partners will inherit all possessions and property.
If you’re married or in a civil partnership, with children…
Partners inherit all possessions.
Plus the whole estate if valued under £270,000.
Or the first £270,000 of the estate.
Half the remaining estate is divided equally between children, including adopted children.
Your children inherit everything if there’s no surviving partner – but it’s managed by trustees until they’re over 18, or they marry or enter a civil partnership.
If there’s no surviving partner or children…
The inheritance hierarchy is distributed…
Your parents, unless they’ve passed away.
Your brothers and sisters, or
Your nieces and nephews, or
Your grandparents, or
Your aunts and uncles, or
The Crown.
Who won’t inherit if I don’t have a will?
Lack of a valid, legal relationship determines who won’t automatically inherit.
Unmarried partners
So-called ‘common-law’ marriages aren’t technically recognised by law; if you’re not married or in a civil partnership, it’s not immediately apparent that the surviving partner has a claim to the estate.
Step-children
Children from another marriage won’t instantly become a beneficiary unless you’ve adopted them.
Relations through marriage
Only blood relatives or partners inherit under intestacy rules.
Carers and friends
Carers or close friends will need to prove their long-term relationship before the courts will make any provisions for them.
Even if they don’t benefit under intestacy, in some cases they can apply for a provision from the estate. Always seek legal advice if you believe you have a right to someone else’s estate.
What if there’s no surviving relatives?
If someone passes away without any surviving relatives, then the estates passes into the hands of the Crown. It effectively becomes someone else’s property.
You can apply to the Crown for a grant if you believe you have a claim to the estate. You’ll need to be able to prove you’re entitled to benefit. Some examples include:
Distant relative
Long-term partner or companion
Carer
Giving free services like cleaning or repairs that the deceased would otherwise have to pay for
You don’t have to be related. You can usually apply for a grant if you could reasonably be expected to benefit from someone’s estate.
What if someone I know doesn’t have a will?
If you know someone who died without a will, you may be able to apply for a grant of administration. This will let you manage someone’s estate.
You and anyone else who would benefit under intestacy rules can also agree and sign a ‘deed of variation’. This will let you distribute the estate to others who would otherwise not inherit.
Feel free to confide in one of our solicitors, who can guide you through the process during this difficult time.