What Happens If You Pass Away Without a Will?

Writing a will is a task that many of us put off. Thinking about death isn’t a cheerful way to spend an afternoon and most of us like to think that we have many years ahead of us to get it done. However, if you keep delaying it, you could end up passing away without a will.

This is legally known as ‘dying intestate’ – in this case, there are no clear instructions as to how your estate will be passed on, which means it will be distributed according to the rules of intestacy. This could result in the wrong people getting a larger share of your estate than you may have wanted. 

In this post, we’ll delve more into exactly what happens if you pass away without a will.

What are the rules of intestacy?

Different rules of intestacy exist depending on where you live in the UK. These rules set out who inherits your estate if you don’t have a will. In the case of England and Wales, you can expect some of the following things to happen:

• If you are married or in a civil partnership with no children, your spouse will inherit your entire estate. This is the case even if you are no longer living with them but have not divorced. 
• If you are married or in a civil partnership and you have children, your spouse is still likely to get most of what you own, including all your personal belongings and the first £322,000 of your estate. Any remaining amount is then split in half between your spouse and your children. 
• If you are unmarried but have children, your estate is evenly split between your children.
• Unmarried partners (including long-term partners) and stepchildren receive nothing. If you have no children or spouse, the money will go to a sibling, your parents or the next closest relative. Specialist genealogists known as heir hunters may be needed to track down beneficiaries if you have no living close relatives. 

What problems can be caused by dying without a will?

Dying without a will could lead to a lot of conflict after you die. Children may not receive anything if you have a small estate but have a spouse. In other cases, estranged relatives may end up getting your money and possessions, while people close to you (e.g. unmarried partners, stepchildren and close friends) won’t get anything. 

It’s possible to contest this outcome, but it can often be complicated and expensive. It can also lead to family feuds.

Writing a will gives you the control to decide exactly who receives what. You can break down the percentage of your estate in detail, give specific possessions to certain people and even donate funds or assets to charity. It typically prevents most conflict after you die and makes the probate process easier for your loved ones. 

How do I write a will?

So long as you are over 18 and of sound mind, you can write a will at any time. It can also be amended whenever you decide to. 

It’s recommended that you write a will with the help of a lawyer so that it is legally binding. There are will-writing services online that you can use, or you can meet in person with an estate planning lawyer. 

This is a collaborative post.