What Happens if You Die Without a Will?

Many people put off writing a Will, often thinking it's something to worry about later in life. But what happens if you die without one? When someone dies without a valid Will in place, they are said to have died intestate. This means that instead of your assets being passed on according to your personal wishes, the law decides who inherits and it may not be the people you'd choose.

The Rules of Intestacy

In England and Wales, the Rules of Intestacy govern what happens to your estate if there's no Will. These are fixed legal rules that:

• Do not recognise unmarried partners (even if you've lived together for years)
• Follow a strict hierarchy usually starting with spouses and children
• Can lead to unintended outcomes, especially for blended families or estranged relatives

For example, if you're in a long-term relationship but not married or in a civil partnership, your partner has no automatic right to inherit your estate. This can cause a great deal of stress and legal complexity for those left behind.

What About Children?

If you have minor children and no Will in place, there's also no legally appointed guardian unless the court steps in. This means someone else decides who looks after your children if the worst happens.

Other Consequences of Dying Without a Will:

• Delays and extra costs in administering your estate
• Disputes among family members
• Potential loss of assets to people you didn't intend to benefit
• Missed opportunities for tax planning or charitable giving

A Will Gives You Control

Writing a Will is one of the most important things you can do to protect your loved ones and ensure your wishes are followed. It allows you to:

• Decide who inherits what
• Appoint guardians for children
• Choose your executors
• Include provisions for pets, charities, or sentimental items

Need Help Getting Started?

At MBH Solicitors, we make the process straightforward. We'll talk you through your options and help you put together a legally sound Will that reflects your wishes with no jargon and no pressure. We also offer fixed-fee Will writing services and can advise on wider estate planning and probate matters.