In 2024, the National Wills Report revealed that almost half of adults in the UK have not made a will. While there is no legal obligation to make a will, failing to do so can have significant and often unintended consequences for your estate and your loved ones.
If you die without a will (known as dying intestate), your estate may not be distributed in accordance with your wishes. Instead, it will be shared under the intestacy rules, which often fail to reflect modern family relationships or personal preferences.
Dying without a will (intestate)
When someone dies without a will, their estate (including property, savings, investments and personal belongings) is distributed in accordance with the intestacy provisions.
The intestacy rules are prescribed by law and apply regardless of your personal circumstances. This means unmarried partners, stepchildren and close dependants may receive nothing.
Who inherits if you die without a will?
Under the intestacy rules, there is a strict order of inheritance:
- spouse or civil partner
- “issue” (children, grandchildren and direct descendants)
- parents
- full siblings
- half-siblings
- grandparents
- fullblood aunts and uncles
- half-blood aunts and uncles.
Only blood relatives and legally recognised partners can inherit. Relatives by marriage are excluded. If no eligible beneficiaries are found, your estate passes to the Crown or Duchy.
Who administers an intestate estate?
If you die without a will, the law also dictates who is entitled to administer your estate. The right to do so broadly follows the same order as inheritance entitlement under the intestacy rules.
This often results in estates being handled by individuals who may not be best placed, practically or emotionally, to deal with the administration of the estate.
The consequences of dying without a will
Dying intestate can lead to several risks, including:
- your estate is not passed as you intended
- no provision for cohabiting partners or stepchildren, regardless of dependency
- limited Inheritance Tax planning, potentially resulting in a significant and avoidable IHT bill
- increased risk of inheritance disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Inheritance claims can be expensive, stressful and emotionally draining for families at an already difficult time.
Making a will
Making a will helps to ensure your estate is dealt with as you choose. A will allows you to control who benefits, how assets are shared, who is responsible for administering your estate and can assist in limiting the success of your estate being challenged after your death.
By making a will, you can:
- appoint trusted executors
- provide for spouses, partners, children, stepchildren and blended families
- leave gifts to friends or charities
- appoint guardians for minor children
- include funeral wishes and pet care instructions
- plan your estate in a tax-efficient manner.
Working with experienced solicitors will ensure your will is legally valid, clearly drafted and tailored to your circumstances.
Benefits include:
- certainty that your wishes are legally protected
- professional advice on inheritance tax planning
- reduced risk of estate disputes
- the option to prepare a letter of wishes to sit alongside your will.
Where a will may be at risk of challenge or where it contains a trust, a letter of wishes can help explain your decision-making and potentially reduce the likelihood of challenges to your estate or the success of such challenges.
Why making a will is often preferable to intestacy
Whatever your estate size or family structure, a will offers clarity, control and reassurance for you and your loved ones.
There are different types of wills depending on your estate value, family circumstances and long-term planning goals, and professional advice can be invaluable in determining the most suitable structure.
Speak to our private client advisory team
Our experienced private client advisory team provides clear, practical advice on making a will, estate planning and inheritance tax mitigation.
Contact us today to discuss your circumstances and ensure your will reflects your wishes, protects your family and secures your legacy.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at February 2026.