A Will is more than just a legal document; it is a way to protect your legacy and provide for those you love. It allows you to specify exactly how your assets—including property, savings, and personal effects—should be distributed, ensuring your affairs are in order and making an incredibly difficult time easier for your family.
However, many people put off making a Will, assuming their estate will automatically pass to their partner. In reality, dying without a Will (known as dying “intestate”) means your estate is subject to rigid, often outdated laws that may not reflect your true wishes.
What happens if I die with no Will?
If you die intestate, your assets are distributed according to the Rules of Intestacy. These rules are a “one-size-fits-all” hierarchy that determines who inherits based on their legal relationship to you. This process often ignores modern family dynamics, such as long-term partners or stepchildren.
How the Rules of Intestacy Work
The distribution of your estate depends on its value and which surviving relatives you have.
Spouses and Civil Partners
- Married or in a Civil Partnership: You will only inherit under these rules if you were legally married to, or in a civil partnership with, the deceased.
- The Threshold: If the estate is worth up to £322,000 (updated from £270,000 in July 2023), the surviving spouse or civil partner inherits everything.
- Estates over £322,000: The spouse/civil partner receives the first £322,000 plus all personal belongings. The remainder of the estate is then split 50/50 between the spouse and any surviving children.
The “Common Law” Myth
One of the most frequent issues our probate solicitors encounter is the “common law marriage” myth. Cohabiting couples—regardless of how many decades they have lived together or whether they have children—have no automatic right to inherit under the Rules of Intestacy. Without a Will, a surviving partner could be left with nothing, potentially losing their home and financial security.
Separated vs Divorced
If you are informally separated but not yet legally divorced, your ex-partner is still considered your legal spouse and could inherit the bulk of your estate, regardless of your current relationship status. Only a decree absolute (or final order) ends this entitlement.
What happens to property under Intestacy?
The way you own your home is critical if you die without a Will.
- Joint Tenants: If you own property as joint tenants, the “Right of Survivorship” applies. Your share automatically passes to the other owner, regardless of what the Intestacy Rules say.
- Tenants in Common: If you own as tenants in common, your share does not pass to the other owner. Instead, it forms part of your estate and is distributed according to the Rules of Intestacy, which could mean your partner has to share ownership with your children or other relatives.
Frequently Asked Questions
Can I challenge the Rules of Intestacy?
If you have been left out of an estate and believe you should have been provided for (for example, if you were a cohabiting partner or a dependant), you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is a complex area of contentious probate, and you should seek legal advice immediately.
Do stepchildren inherit under Intestacy?
No. Stepchildren do not have any automatic right to inherit from a step-parent under these rules, unless they have been legally adopted. To ensure stepchildren are provided for, you must name them specifically in a valid Will.
What happens if I have no living relatives?
If you die intestate and have no surviving spouse, children, parents, siblings, or other close relatives, your entire estate passes to the Crown. This is known as Bona Vacantia.
What is a “Partial Intestacy”?
This happens if you have a Will, but it only covers part of your estate (perhaps because a beneficiary died before you and you didn’t update it). The parts of the estate not covered by the Will are then distributed according to the Rules of Intestacy.
How often should I update my Will?
We recommend reviewing your Will every 3–5 years or after any major life event, such as marriage, divorce, or the birth of a child. Note that marriage usually revokes an existing Will entirely, while divorce simply removes your ex-spouse as a beneficiary.
Next Steps
Planning for the future brings peace of mind for you and protection for your loved ones. Our will specialist team is here to ensure your Will is drafted correctly and reflects your true intentions.
Contact our Wills and Probate team today on 0161 930 5117 or email willsteam@gorvins.com