Many people put off writing a will, assuming their estate will naturally pass to their spouse or children. In reality, dying without a will — known as dying "intestate" — means the law decides who inherits your estate, following a strict legal formula that often doesn't reflect what people actually intend.
What Is Intestacy?
When someone dies without a valid will, their estate is distributed according to the intestacy rules set out in law, rather than according to personal wishes. These rules follow a fixed hierarchy of relatives, regardless of your actual relationships or intentions.
Who Inherits Under Intestacy Rules?
If you're married or in a civil partnership with children:
Your spouse or civil partner receives the first £322,000 of the estate (as of current thresholds), all personal possessions, and half of anything remaining above that. The other half above the threshold is divided among your children.
If you're married with no children:
Your spouse or civil partner inherits the entire estate.
If you're unmarried but have a partner:
This is where intestacy rules cause the most serious problems. Unmarried partners have no automatic right to inherit under intestacy rules, regardless of how long you've lived together. Your entire estate would instead pass to your closest blood relatives — potentially leaving a long-term partner with nothing.
If you have no spouse, civil partner, or children:
The estate passes to parents, then siblings, then more distant relatives, following a strict legal order.
If no relatives can be found:
In rare cases, the estate passes to the Crown (known as "bona vacantia").
Common Problems Intestacy Creates
Unmarried partners can be left with nothing, even after decades together, unless they can bring a costly and uncertain claim through the courts.
Blended families are often disadvantaged — stepchildren have no automatic inheritance rights under intestacy unless they were legally adopted.
Guardianship for children isn't addressed — intestacy rules don't appoint guardians for minor children, which can lead to uncertainty and disputes.
No control over specific gifts — you can't leave specific items, charitable donations, or unequal provisions to reflect your actual wishes.
Business and agricultural assets may be split in ways that disrupt succession planning, particularly where tax reliefs depend on specific structuring.
Who Is Most at Risk from Intestacy?
Unmarried couples, regardless of relationship length
Blended families with stepchildren
Business owners without succession planning
Parents of minor children, particularly regarding guardianship
Individuals wishing to leave specific gifts or charitable donations
The Solution: A Tailormade Will
Writing a will ensures your estate is distributed according to your actual wishes, not a rigid legal formula. It also allows you to:
Provide for an unmarried partner or stepchildren
Appoint guardians for minor children
Make specific gifts to family, friends, or charities
Structure your estate for inheritance tax efficiency
Reduce the likelihood of disputes among family members
How We Can Help
Our wills team creates tailored, legally robust wills that reflect your actual circumstances and wishes — not a generic template. If you don't currently have a will, or haven't reviewed it in some time, now is the time to ensure your loved ones are properly protected.
