What Happens If You Die Without a Will in the UK (2026)

The intestacy order: who inherits what

The intestacy rules set a strict hierarchy. Only the first category with living members inherits — everyone below them gets nothing.

Real-world scenarios

Scenario 1: Cohabiting couple, no will

Sarah and James have lived together for 15 years. They have a joint mortgage. James dies without a will. His half of the property does not pass to Sarah automatically — it passes to his children from a previous relationship under intestacy. Sarah may be forced to sell the home. A will takes 30 minutes to fix this.

Scenario 2: Married with children, no will

Mark dies leaving a wife and two children and an estate worth £500,000. The wife receives the statutory legacy of £322,000 plus all personal possessions. The remaining £178,000 is split: £89,000 to the wife, £44,500 to each child. But the children are minors — their shares are held in trust until age 18, creating ongoing administrative complexity. A will could have simplified this entirely.

Scenario 3: No spouse, no children

Helen, 45, is single with no children. She dies without a will. Her estate passes to her parents. If they have also died, it goes to her siblings, then nieces and nephews. Her close friends receive nothing. A charity she supported for 20 years receives nothing. A will could have directed her estate exactly as she wanted.

What happens practically when someone dies without a will

1. No executor. A family member must apply to the Probate Registry for Letters of Administration. This typically takes longer than a standard Grant of Probate.
2. Administrator appointed. Usually the closest living relative under the intestacy order. They have the same duties as an executor.
3. Estate frozen. Bank accounts are frozen. No one can access funds until Letters of Administration are granted.
4. Distribution follows the rules. The administrator must distribute according to the intestacy rules — they cannot deviate from the order, even if they know what the deceased would have wanted.
5. Disputes are common. Family disagreements about who should be administrator, and challenges by excluded partners, are expensive and distressing.

The unmarried partner problem

The number of cohabiting couples in England and Wales has roughly doubled over the past 20 years, yet the law has not changed. There is no such thing as “common-law marriage” as a legal concept in England and Wales.

An unmarried partner who is excluded by intestacy can apply under the Inheritance (Provision for Family and Dependants) Act 1975 — but they must have cohabited for at least 2 years, apply within 6 months of the grant of probate, demonstrate financial dependency, and face potential opposition from the rest of the family. There is no guaranteed outcome.

A will costs £39.99 with WillSafe. Court proceedings cost thousands. The choice is straightforward.

Inheritance tax and intestacy

Assets passed to a spouse or civil partner are exempt from inheritance tax regardless of value. But if your estate passes to children or other relatives under intestacy instead of a spouse, the nil-rate band (currently £325,000) applies. Estates above that threshold are taxed at 40%. A will with the right trust arrangements can reduce or eliminate this liability.

How to fix it: write your will today

A valid will in England and Wales requires you to: be over 18, have mental capacity, sign in front of two independent adult witnesses who also sign in your presence. That is it. You can complete a WillSafe DIY will kit in under 30 minutes.