No Will, No Say: What Really Happens When You Die Intestate

Dying without a Will — known as dying intestate — means your money, property, and possessions are distributed according to strict legal rules, not your personal wishes.

This can leave loved ones excluded and cause unnecessary stress and delays.

Who Inherits Without a Will?

If you die intestate in England or Wales, here’s what typically happens:

• Married with children: Your spouse/civil partner gets all personal items, the first £322,000, and half of the rest. Your children get the other half.
• Unmarried with children: Your children inherit everything equally.
• No children: Your estate passes to relatives in a set order — parents, siblings, etc.
• No close relatives: Everything goes to the Crown (bona vacantia).

Unmarried partners, stepchildren, and friends won’t inherit anything unless you have a Will.

Why Dying Without a Will Is a Problem

Not having a Will can lead to:

• No control over who inherits
• Delays and higher legal costs
• Family disputes
• No say over guardians for children
• Trouble for business or property assets

Why Make a Will?

A Will ensures:

• Your assets go to the right people
• You choose guardians for children
• You protect your partner (especially if unmarried)
• You can leave gifts to friends, charities or stepchildren
• You could reduce inheritance tax and legal complications

Need Help Writing a Will?

At Metcalfe Copeman & Pettefar LLP, we make Will writing simple and secure. Talk to our friendly team today and protect your family’s future.