What Happens If You Die Without a Will in England and Wales

Dying without a valid will is called dying intestate. It is more common than most people realise — surveys consistently suggest that more than half of adults in England and Wales do not have a will in place. The consequences for the families left behind can be significant, costly and deeply distressing.

This article explains exactly what happens when someone dies intestate, who is affected most, and what you can do to protect the people you care about.

When someone dies without a will in England and Wales, their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules follow a strict hierarchy — and they do not take into account your wishes, your relationships or your family's individual circumstances.

Your spouse or civil partner inherits your entire estate.

Your spouse or civil partner inherits all personal possessions, the first £322,000 of the estate, and half of anything above that amount. The remaining half is divided equally between your children.

Your partner receives nothing — regardless of how long you have been together, whether you live together, or whether you have children together. Your estate passes to your children if you have them, or up the family hierarchy to parents, siblings and more distant relatives if you do not.

Your estate passes to the Crown. This is known as bona vacantia.

Unmarried partners have no automatic right to inherit under intestacy rules. This is one of the most common and most damaging misconceptions in estate planning. If you are not married and do not have a will, your partner could be left with nothing.

The law does not recognise common law marriage. An unmarried partner has no automatic right to inherit, regardless of the length or nature of the relationship. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is a court process — expensive, uncertain and distressing for everyone involved.

Stepchildren have no automatic right to inherit under intestacy rules. If you have stepchildren you wish to provide for, only a will can achieve this.

Without a will, you cannot appoint a guardian for your minor children. If both parents die without a will, the courts decide who cares for your children. A will allows you to name the person you trust with the most important responsibility of all.

The intestacy rules take no account of business interests, shareholder agreements or the operational reality of a business that needs to continue functioning after your death. Without a will and appropriate business succession planning, your business interests may be distributed in ways that create serious commercial problems.

Most defined contribution pensions — personal pensions, SIPPs and workplace pensions — do not form part of your estate and are therefore not governed by your will or the intestacy rules. They are paid at the discretion of the pension provider, guided by any expression of wishes you have completed. If you have not completed a nomination of beneficiaries form with your pension provider, it is essential that you do so.

From April 2027, unused pension funds will be brought within the scope of inheritance tax for the first time. This makes both the nomination of beneficiaries and wider estate planning more important than ever.

When someone dies without a will, the process of administering their estate — applying for Letters of Administration rather than a Grant of Probate — is typically slower, more complex and more expensive than where a will is in place. The person entitled to administer the estate is determined by the intestacy rules rather than by the deceased's choice.

If the estate is disputed, or if family members disagree about who should administer it, the situation can become significantly more complicated and costly.

Making a will is the single most effective thing you can do to protect the people you love. It costs far less than most people expect. It takes far less time than most people assume. And it removes any doubt about what you wanted.

A professionally drafted will allows you to:

• Choose exactly who inherits your estate and in what proportions

• Appoint a guardian for your minor children

• Name an executor you trust to carry out your wishes

• Make specific gifts of personal possessions, property or money

• Include provisions to minimise inheritance tax

• Provide for an unmarried partner, stepchildren or other family members who would not benefit under intestacy rules

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Technically yes, but it carries significant risk. A will that is incorrectly drafted or improperly executed may be invalid or may not achieve what you intended. The consequences only become apparent after your death, when they cannot be corrected. A professionally drafted will is a modest investment for complete peace of mind.

There is no legal requirement to register a will in England and Wales, but it is strongly advisable to store it safely and ensure your executor knows where to find it. Sentinel Will Storage — part of the same group as Inheritance Made Simple — provides secure, professional will storage with a national search facility.

Your will should be reviewed whenever your circumstances change significantly — marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or executor, a significant change in your assets, or a change in tax legislation. As a general rule, reviewing your will every three to five years is good practice.