Dying isn’t something any of us like to think about it, but the reality is: life is unpredictable and planning ahead by preparing a Will can leave your loved ones facing a lot of uncertainty, and potentially unintended consequences.
What happens if you die without a Will?
There is a commonly held misconception that everything passes to the Government, or you may be of the opinion that family members will just "figure it out," but this isn’t the case. Without a Will, there’s no clear roadmap, which means the law decides what happens to your assets and who gets them, this is known as the Intestacy Rules.
Who gets what if you die without a Will?
Without a Will, your estate will be distributed according to the Intestacy Rules. In most cases, the estate will pass to your spouse/civil partner, children, and other relatives, but this may not reflect your wishes. For example, if you have a partner you’re not married to, they may not inherit anything, even if you’d like them to.
Even if you are married there is no guarantee that all your assets will pass to your spouse or civil partner. If you also have children, your spouse or civil partner will typically inherit the first £322,000 of your estate (as of 2024) and any personal possessions, with the remaining estate divided between your spouse or civil partner and children.
Inheritance tax implications
In the UK, inheritance tax is typically charged on estates worth over £325,000 (as of 2025). If you die without a Will, your estate could end up paying more tax than necessary, simply because the estate wasn’t planned properly. For example, without careful planning, your estate may not qualify for exemptions or reliefs that could reduce the tax burden, such as the full spouse exemptions.
What happens to your children if you die without a Will?
If you have young children, dying without a Will means you won’t be able to name a guardian for them, which means that someone you wouldn’t have chosen may end up taking on the role.
Other considerations
We often think of Wills as a legal document, but there’s an emotional side to it too. Without a Will, your family will likely face confusion, stress, and potentially even conflict. Family dynamics can get complicated when there’s no clear direction. Siblings, children, or even close friends may end up in conflict over the administration of an Estate. This can lead to hurt feelings and long-lasting disputes that could tear families apart. Even if your loved ones want to do the right thing, they’ll be left guessing about your wishes. Without a will, there’s no clear answer, and that uncertainty can cause a lot of emotional strain on your family.
Without clear instructions, your family might end up in court, arguing over who gets what. This can lead to long, expensive, and worrying legal battles.
Making a decision to contact a solicitor to discuss preparing your Will is a big step. Our team are used to guiding people through the process in a compassionate and logical way. Please get in touch with a member of our Private Client team and we can talk you through the next steps.