What Happens If You Don’t Have a Will?

Sally Tofton
Nov 19
4 min read

By Sally Tofton, Angel Wills – Professional Will Writer & Estate Planner, Somerset and the South West of England

Why Having a Will Matters

Many of us assume everything will “just go to the right people” when we die — especially if we have a spouse or partner. Sadly, that’s not always true.

When I first started Angel Wills, I met a woman in Taunton whose long-term partner had passed away without a Will. Despite living together for nearly twenty years, she had no automatic right to inherit under UK law. Everything went to his children from a previous marriage.

It was heart-breaking — and entirely avoidable.

That’s why I believe everyone, no matter their age or circumstances, should understand what really happens if you don’t have a Will.

What Happens If You Die Without a Will

In England and Wales, if someone dies without a valid Will, their estate is distributed under the rules of intestacy. These rules are set out in the Administration of Estates Act 1925 and detail exactly who inherits — in strict legal order.

You can read the official guidance on GOV.UK.

It means:

You don’t choose who inherits your assets.
Unmarried partners and close friends receive nothing automatically.
The law can decides who acts as your executor.
Minor children may inherit money outright at 18, even if you’d have preferred funds be held in trust.

The Rules of Intestacy Explained

Under the rules of intestacy in England and Wales:

If you’re married or in a civil partnership and have no children, your spouse or civil partner inherits your entire estate.
If you’re married or in a civil partnership and have children, your spouse/civil partner inherits:
- All personal possessions,
- The first £322,000 of the estate, and
- Half of the remaining balance.
- Your children share the other half equally.
If you’re unmarried and not in a civil partnership, your partner receives nothing. Your estate passes to your closest blood relatives — children, parents, siblings, etc.
If there are no living relatives, the estate passes to the Crown. This is called bona vacantia.

(Source: GOV.UK – Who inherits if someone dies without a Will)

Who Inherits — and Who Doesn’t

People who can’t inherit under the rules of intestacy include:

Unmarried partners (even if you’ve lived together for decades)
Stepchildren (unless you’ve legally adopted them)
Close friends or carers
Charities or causes you might have wished to support

That’s why writing a Will is so important — it lets you choose who inherits and how.

Common Problems When There’s No Will

When someone dies intestate (without a Will), families often face:

Delays — it can take months for the Probate Registry to appoint an administrator.
Family disagreements over who should inherit what.
Higher legal costs and stress for loved ones.
No guardian appointed for children, leaving the family court to decide.

Even simple estates can become complex quickly. A valid Will removes uncertainty and provides peace of mind for everyone involved.

Real-Life Example: The Price of Putting It Off

I once worked with a family near Wells after their father died without a Will. He had three grown children from two relationships and a long-term partner he’d never married.

Because he had no Will, his estate was split entirely between his children under intestacy law. His partner — who’d shared his home for 15 years — was left without legal rights to the house.

The children did eventually agree to help, but only after a painful and expensive legal process.

That’s why I say to every client:

“Writing your Will isn’t just about money — it’s about protecting the people you love.”

How to Make Sure Your Wishes Are Followed

A professionally written Will lets you:

Decide who inherits what (and when)
Appoint executors you trust
Name guardians for children
Leave gifts to charity or friends
Make tax-efficient plans for your estate

At Angel Wills, I help clients across Somerset, Devon, Dorset, Wiltshire and Bristol write clear, legally valid Wills that reflect their values and family circumstances.

I also offer Estate Planning Guidance and support with Lasting Powers of Attorney for complete peace of mind.

Frequently Asked Questions

1. What is the “rule of intestacy”? It’s the legal framework that decides who inherits when someone dies without a valid Will. Read the full list on GOV.UK.

2. Do unmarried partners inherit anything automatically? No. Unless they’re joint owners of property or named on specific accounts, they don’t inherit under intestacy. (See Citizens Advice).

3. Can the Crown really inherit my estate? Yes — if no relatives qualify under intestacy, your estate passes to the Crown (bona vacantia).

4. How can I avoid this situation? Make a valid Will with a professional Will Writer or solicitor to set out your wishes clearly.

5. How often should I review my Will? Every 3–5 years or after major life events such as marriage, divorce, new children or property changes. (See my guide: 10 Life Events That Mean It’s Time to Update Your Will.)