What Happens If You Die Without a Will?

If you die without a valid Will in England and Wales, your estate is distributed under the rules of intestacy. These rules follow a fixed legal order and do not take your personal wishes into account.

The rules determine which relatives are entitled to inherit and in what order. A spouse or civil partner may inherit, followed by children and then other relatives depending on the circumstances.

Unmarried partners do not automatically inherit under the intestacy rules, regardless of how long the relationship has lasted. Friends, charities and other people who are not within the statutory order will also have no automatic entitlement.

This can result in your estate passing in a way you did not intend. Making a valid Will allows you to decide who should inherit and gives you greater control over how your estate is dealt with.

A Will also allows you to appoint executors to administer your estate and can be used to make specific gifts to people or organisations you choose.

At MJV Solicitors, we help clients put clear and legally valid Wills in place so that their wishes are recorded rather than leaving distribution to the intestacy rules.

For more information about making or updating a Will, read our complete guide to Wills and Estate Planning.

FAQ

Who inherits if I die without a Will?
If you die without a valid Will in England and Wales, the rules of intestacy determine who inherits your estate according to a fixed legal order.
Does my spouse or civil partner inherit everything if I die without a Will?
Not always. If there are children and the estate is large enough, the spouse or civil partner may share part of the estate with the children rather than receiving everything.
Does my unmarried partner inherit if I die without a Will?
No. An unmarried partner has no automatic right to inherit under the intestacy rules, regardless of how long you have lived together.
What happens to my children if I die without a Will?
Children can inherit under the intestacy rules, but exactly what they receive depends on whether there is also a surviving spouse or civil partner and on the value of the estate.

If you would like advice on putting a valid Will in place, MJV Solicitors provide clear guidance and transparent pricing.

Contact us today to discuss the right arrangements for your circumstances.