Many people put off writing a will, often because it feels like something to worry about “later in life.” Yet a June 2025 report from Today’s Wills & Probate found a 25% increase in people dying without a valid will between 2020/21 and 2023/24. The reality is, if you don’t make a will, your estate may be divided in a way that doesn’t reflect your wishes — which can cause stress and financial strain for the loved ones you leave behind. So, what happens if you die without a will UK? Legally, this is known as dying “intestate.” In that situation, your estate is distributed according to strict intestacy rules, which could mean that the peopl you most want to provide for may end up with nothing.
What happens if you die without a will in the UK: how intestacy rules work
The way your estate is divided without a will depends on your personal circumstances. Under UK intestacy rules, the law specifies who inherits and in what order.
- If you’re married or in a civil partnership and don’t have children, your spouse or partner will usually inherit your entire estate.
- If you’re married or in a civil partnership and have children, it becomes more complex. Who inherits the family home depends on how the property is owned:
- Joint tenants: your partner automatically inherits your share of the property.
- Tenants in common: your share of the property is included in your estate and divided under intestacy rules.
In most cases, your spouse or civil partner would inherit the first £322,000 of your estate, all your personal possessions, and half of anything left over. The remaining half would be split equally between your children.
Who inherits if no will is made in the UK?
If you’re not married or in a civil partnership, your estate doesn’t automatically pass to your partner, no matter how long you’ve been together. Instead, inheritance without a will follows a strict legal order:
- Children
- Parents
- Siblings
- Grandparents
- Aunts and uncles
If no surviving relatives can be found, your estate passes to the Crown.
This means that some of the people you may have expected to inherit — such as a long-term partner, stepchildren, or close friends — could receive nothing at all. For example, if you live with a partner but haven’t married or entered a civil partnership, they would not be recognised under intestacy rules in the UK.
In addition to your estate not being distributed in the way you want, dying intestate can make managing your estate more complex and potentially lead to delays. This may be stressful for loved ones and potentially place them in a vulnerable position if they rely on you for financial support.
1 in 3 people plan to write a will, but haven’t yet
Despite the importance of a will in ensuring your assets are distributed according to your wishes, a July 2025 article from Today’s Wills and Probate suggests that 1 in 3 people intend to write a will but haven’t yet. Worryingly, 1 in 5 say they have no intention of ever doing so.
This is important because what happens if you die without a will UK is rarely what people expect. Instead of your estate being passed on according to your personal wishes, the law applies intestacy rules. These rules can leave long-term partners, stepchildren, or close friends without any inheritance at all — even if you had intended to provide for them.
1. Make provisions for your children
For parents, a will isn’t just about money — it’s about peace of mind. You can use it to name a guardian for your children. Without this, the court decides who will take responsibility, which may not be the person you’d choose. You can also set aside financial support to ensure they’re cared for until adulthood.
2. Provide for your pets
Legally, pets are considered property in the UK. Without a clear instruction, your pet could be passed to someone unwilling or unable to care for them. By naming a carer and leaving funds for their upkeep, you make sure your pets are safe and cared for.
3. Choose your executor
The executor is the person (or people) you appoint to carry out your wishes and manage your estate. Choosing someone you trust is essential, as they’ll be responsible for ensuring everything runs smoothly.
4. Record your funeral wishes
Although funeral wishes in a will aren’t legally binding, they can make a difficult time easier for your family. From stating whether you’d prefer burial or cremation, to listing favourite songs or charities you’d like donations to go to, it offers your loved ones clear guidance.
5. Leave a charitable legacy
A will also gives you the chance to leave a lasting impact. Many people choose to support causes close to their heart by leaving a portion of their estate, specific assets, or a set donation to charity.
6. Reduce potential Inheritance Tax
If your estate could face Inheritance Tax (IHT), your will can play a part in reducing the bill. In 2025/26, the nil-rate band remains £325,000, with an additional £175,000 residence nil-rate band if your home passes to direct descendants. Careful planning through your will can help ensure more of your wealth goes to loved ones rather than HMRC.
Get in touch to talk about your legacy
If you’re concerned about what happens if you die without a will UK and want peace of mind that your wishes will be followed, please contact us. We can work with you to assess your assets, consider how to pass on wealth to beneficiaries, and offer support when writing your will.
Please note: This blog is for general information only and does not constitute financial advice, which should be based on your individual circumstances. The information is aimed at retail clients only.
The Financial Conduct Authority does not regulate will writing, estate planning, or Inheritance Tax planning.
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