If you die without making a Will, you are deemed to have died ‘intestate’ and the law decides who inherits your estate. A Will is the only way that you can make sure that what you want to happen with your property and possessions when you die, actually happens. It is a written record of your wishes which puts you in control, even after you die, ensuring that the interests of your loved ones are protected. Without a Will this could be put at risk.

 

When you write your Will, you get to decide

Writing your Will could also save the people you care about from disagreeing over what they think your wishes were and reduces the risk of expensive legal wrangles.

Your Will can bring peace of mind and help avoid unnecessary problems after you die. It can ensure that your possessions go exactly where you want them to, safeguarding your family’s finances. Your children’s future can also be protected by appointing people you know will look after them and their interests.


Many people in England and Wales may be surprised to know just what happens if they die without making a Will.  Please see the About Wills section for individual circumstances.

For example.....

  • If you are married or are in a registered civil partnership and you die without making a Will, your spouse or partner may not automatically inherit all of your property and possessions. 
  • If you live with someone, they could easily end up receiving nothing. An unmarried partner or non-civil partner (also known as common-law husband or wife) has no automatic right of inheritance. 
  • Separation is not treated the same as divorce, so for example your separated spouse (husband or wife) could inherit the house that you live in with your new partner – even if that is the last thing that you would want.

 

If you DO NOT make a Will your estate is divided up according to Intestacy Law. Your spouse or partner, children and other blood relatives could still benefit - but perhaps not in the way that you would want or by the amount that you feel is appropriate.

 

If you have children, the courts, not you, may have to decide who looks after them. If you do not have any family and you die without leaving a Will, what you own will automatically pass to the Crown, in other words the Government.