What happens if you die without a Will?

28 Jul 2026

If you own your home, savings, or anything you'd want passed on in a particular way, a Will is the only way to make sure that happens. Yet a surprising number of homeowners in the UK still don't have one in place.

So, what happens if you die without a Will?

Here's what your loved ones could be facing, and why it rarely matches what people expect…

Dying "intestate"

If you die without a valid Will, you die "intestate." Instead of your wishes being followed, your estate is distributed according to the fixed rules of intestacy, set by law, regardless of what you really would have wanted.

Who inherits under intestacy?

• Married or civil partner, no children: your spouse or civil partner inherits everything.
• Married or civil partner, with children: your spouse or civil partner receives the first £322,000, plus all personal belongings, and half of anything above that. The remaining half is split between your children, held in trust until they turn 18.
• No spouse or civil partner, but children: your children inherit everything equally.
• No spouse and no children: your estate passes to the next of kin in a strict order: parents, then siblings, then half-siblings, then grandparents, then aunts and uncles.
• No living relatives: your estate passes to the Crown, a process known as bona vacantia.

Where do the rules catch people out?

• There are situations where people assume someone will inherit, and they don't. Some of the most common surprises:
• Unmarried partners inherit nothing, no matter how long you were together or whether you lived together.
• Stepchildren aren't included unless they were legally adopted by the deceased.
• Estranged family members can still inherit. If they're next in line under the rules, they inherit, even if they hadn't spoken to the deceased in years.
• Couples going through divorce, but not yet legally separated, are still treated as spouses under intestacy.

Why does it matter beyond who gets what?

Intestacy doesn't just decide who inherits. It also means you have no say over who administers your estate (letters of administration go to the next of kin, not a person of your choosing), no ability to leave specific gifts to friends, Godchildren, or charities, and potentially a higher inheritance tax bill than if the estate had been planned properly.

Take control of what happens next

A Will means your estate goes to the people you choose, in the way you choose, instead of being decided by a fixed set of rules. Our Wills, Trusts and Probate team can help you put one in place quickly and straightforwardly, whatever your circumstances.

Get in touch with Sort Legal today to talk through your options.

Tel: 0333 3231091
Email: wtp@sortlegal.co.uk