Wills and intestacy — what happens if you die without one
Quick answer: If you die without a will (intestate), the intestacy rules decide who inherits — not you.
If you die without a will (intestate), the intestacy rules decide who inherits — not you. For unmarried couples and blended families the result can be very far from what you would have wanted.
Last reviewed:
Primary source: https://www.gov.uk/inherits-someone-dies-without-will
What a will does
A will appoints executors (the people who manage your estate), names guardians for any children under 18, and specifies who inherits what. It can also include funeral wishes and instructions about specific items.
Most wills are 'mirror wills' — couples each leaving everything to the other, then to children or other beneficiaries. A discretionary trust will is more complex but useful for blended families or vulnerable beneficiaries.
A will should be reviewed after major life events: marriage (which automatically revokes a previous will in England & Wales), divorce, birth of children, or significant changes in wealth.
Intestacy rules in England & Wales
If you are married with no children: spouse takes everything.
Married with children: spouse takes personal possessions, the £322,000 statutory legacy, and half of the rest. Children share the other half equally.
Unmarried with children: children inherit everything in equal shares. Partner gets nothing.
Single with no children: estate passes up the family tree — parents first, then siblings, then more distant relatives. Eventually the Crown.
Common pitfalls
DIY wills frequently fail because of basic errors: incorrect witnessing (two adults, present at the same time, not beneficiaries), ambiguous wording, or out-of-date beneficiaries. Professional wills are insured against drafting errors.
Pensions and life policies usually pass via separate beneficiary nominations, NOT via the will. Review and update those nominations whenever your circumstances change.
If a beneficiary dies before you, their share may fail unless your will says otherwise. Always include 'substitution' clauses for children of pre-deceased beneficiaries.
Common questions
- Does my will need to be registered?
- There is no compulsory will register, but the National Will Register (Certainty) lets you record where your will is held so executors can find it. Your solicitor will normally store the original free if they drafted it.
- Can I write my own will?
- Legally yes, using a stationer's template or an online service. For estates above the Inheritance Tax threshold, with property abroad, blended families or business interests, professional drafting is strongly advised.
- What about a Letter of Wishes?
- A Letter of Wishes sits alongside the will and gives non-binding guidance to executors and trustees — for example about which child gets a particular keepsake or how to use a discretionary trust. It's private (the will becomes public after probate).