If you die without a will in England and Wales, the intestacy rules decide who may inherit from your estate and who can deal with the estate administration. GOV.UK says these rules determine who is entitled to someone’s money, property and possessions if they die without making a will.
For many families, this can create stress, delays and outcomes that do not reflect what the person actually wanted. That is one of the main reasons making a will is so important.
If you want to put clear instructions in place, our Will writing service can help.
When someone dies without a valid will, they are said to be dying intestate. In England and Wales, this means the intestacy rules decide who may inherit from the estate rather than the person’s own wishes. GOV.UK provides an intestacy checker for England and Wales to help work out who may inherit.
Find out more here:
Who inherits depends on which relatives are still alive when the person dies. Under the intestacy rules in England and Wales, the estate may pass to a surviving husband, wife or civil partner, children, or other close relatives depending on the family situation.
This is where many people are caught out. For example, the intestacy rules may not match what a person would have wanted for:
unmarried partners
stepchildren
blended families
close friends
charities
MoneyHelper notes that if you die without a will, your estate is divided according to standard rules and that this might not be what you want.
The intestacy rules in England and Wales set out who can inherit when somebody dies without a valid will. These rules do not always reflect what the person would have wanted, which is why making a will is so important.
In many cases, this is one of the biggest misunderstandings. A long-term partner does not have the same automatic rights as a spouse or civil partner under the intestacy rules. That can leave families in a very difficult position if nothing has been put in writing.
This is one reason many couples choose to put both a will and, where appropriate, trust planning in place.
If there is no will, there is no named executor. GOV.UK says that the most entitled person can apply to become the administrator of the estate, and this is usually the closest living relative.
That person will normally be responsible for:
applying for the right legal authority
collecting in assets
paying debts
dealing with the estate administration
distributing the estate correctly
Yes. MoneyHelper explains that sorting out an estate when there is no will usually takes longer than when there is one.
Without a will, families may have to spend extra time working out:
who is entitled to apply
who is entitled to inherit
what the estate is worth
how to deal with disagreements
This can add stress at a time when loved ones are already dealing with bereavement.
A will gives you more control over what happens to your estate after you die. It can help you:
choose who inherits
appoint executors
make things clearer for your family
reduce confusion and delay
plan more carefully for children, property and wider family needs
It can also be an opportunity to review whether trusts or a Lasting Power of Attorney should be part of your wider planning.
The simplest step is to put a valid will in place and review it when life changes happen, such as:
getting married
getting divorced
having children
buying property
entering a new relationship
starting to think about inheritance planning
A clear estate plan can make life much easier for the people you leave behind.
At Evans Legacy Planning, we help families across England and Wales put clear plans in place for the future. Whether you need a straightforward will, advice on trusts, or guidance on a Lasting Power of Attorney, we can help you understand your options in plain English.
If you would like help putting your wishes in writing, visit our Contact us page to arrange an initial chat.
Enter your details below, and one of our expert advisors will contact you within 24 hours to arrange your free, no-obligation consultation. Together, we’ll ensure your family’s legacy is protected for generations to come.
Note: We respect your privacy. Your details will only be used to arrange your consultation and will never be shared.
