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Dying Without a Will

Dying without a will

 What Happens If You Die Without a Will in the UK?

Understanding Intestacy and Why It Matters

If you die without a valid will in place, you are said to have died intestate. In the UK, this means the law decides how your money, property, and possessions are shared — not you. For many families, this can lead to financial hardship and legal delays.

At The Will Bureau, we help you avoid those risks by ensuring your wishes are clearly documented and legally protected.

Dying Intestate: What Are the Consequences?

When someone dies intestate in the UK, their estate is distributed according to the Rules of Intestacy. These rules are strict and do not consider personal relationships, stepfamilies, or modern family arrangements.

The Hidden Risks of Dying Without a Will

Dying without a will in the UK can lead to:

  • Unintended Beneficiaries: The people you want to inherit may receive nothing.

  • Family Disputes: Without a will, conflicts over assets and funeral arrangements are common.

  • Higher Legal Costs: Settling an intestate estate is usually slower and more expensive.

  • Inefficient Tax Planning: Without a will, your estate may pay more Inheritance Tax than necessary.

  • No Guardian Appointed for Children: The courts decide who will care for your children under 18.

The only way to avoid the complications of intestacy is to make a valid will.

A will allows you to:

  • Choose who inherits your estate

  • Protect your partner and children

  • Appoint legal guardians for minors

  • Avoid family disputes

  • Reduce inheritance tax liabilities

How the rules of intestate are applied:

  • Married or Civil Partner + Children

    • The spouse or civil partner receives:

      • The first £322,000 of the estate

      • All personal belongings

      • Half of the remaining estate

    • The other half goes to the children (split equally) which can cause an inheritance tax liability.

  • No Children
    The spouse or civil partner inherits everything.

  • Children Only (No Spouse)
    The estate is divided equally between them.

  • No Immediate Family
    The estate passes to relatives in a set order (parents, siblings, nieces/nephews).
    If no relatives can be found, the estate goes to the Crown.

Unmarried partners, stepchildren, friends, and carers will not inherit anything under intestacy law—even if they were financially dependent on the deceased.