Blog

What Happens if You Die Without a Will?

  • Posted on
What Happens if You Die Without a Will?

Dying without a Will can cause many problems for your loved ones. It’s important to create a Will while you’re alive to ensure your estate is handled as you wish. Without a Will, complications will arise after your death, and your possessions might not go to the right people. To learn more about what happens if you die without a Will in the UK, continue reading.

 

What is a Will?

A Will is a legally binding document that states how someone wants their finances, property, and other personal possessions to be handled after their death. Creating a Will allows us to decide how we want our assets managed when we’re no longer alive. The importance of making a Will is significant, especially to prevent your estate from falling into the hands of intestacy rules.

 

Why is Making a Will Important?

Making a Will is incredibly important, allowing you to:

  • Control your finances, property, and possessions after death
  • Choose who will handle your affairs
  • Reduce the chances of disputes
  • Reduce Inheritance Tax
  • Prevent your estate from being distributed via intestacy rules

We should all be able to control our estate after death, and having a Will lets you do exactly that. As well as allowing for full control of your assets after death, you can also use a Will to dictate your funeral plans. Unfortunately, death can happen at any time and age. We believe it’s best to make a Will as young as possible, and not to just wait until your older years.

 

Creating a Legally Valid Will

Your Will must be legally valid to avoid future issues after death. For a Will to be legally valid in the UK, it must be:

  • In written format
  • Made voluntarily
  • Signed by the person making it (who must be mentally stable)
  • Witnessed by two people over the age of 18 (who aren’t beneficiaries)
  • Signed by the two witnesses in your presence

If a Will is found to be invalid, your estate will be distributed according to intestacy rules - the same as someone who has died without a Will.

 

Dying Without a Will: What’s Next?

So, what happens if you don’t have a Will when you die? Dying without a Will is known as dying intestate. When you die intestate in the UK, your estate will be distributed according to intestacy rules. The only way to avoid your estate being distributed in line with intestacy rules is by making a valid Will while you’re alive.

 

Intestacy Rules in the UK

Dying intestate could cause several issues for your remaining family when you pass. This focuses on the importance of making a Will to ensure your estate is distributed exactly how you want it to be. However, if you do happen to die without making a Will, your estate will be left in the hands of intestacy rules.

Intestacy rules in the UK are as follows.

 Circumstance What Happens?
 Married Your surviving spouse inherits the first £322,000 of your estate and all of your possessions
 Not Married Your partner will receive nothing as you’re not married
 Had Children Anything left above £322,000 will be split between your surviving spouse and children
 Had No Children Your surviving spouse inherits everything
 Unmarried With No   Children Your estate will go to family members, starting in order with close relatives such as parents,   siblings, half-siblings, grandparents, and then more distant relatives
 No Living Relatives Your estate will go to the crown

 

Key Takeaways

  • Dying without a Will in the UK means your estate will be distributed according to intestacy rules
  • Your Will must be legally valid to avoid intestacy rules
  • Creating a Will allows you to decide how you want your estate managed after death

 

Protect Your Future Today at Bell Lamb & Joynson

At Bell Lamb & Joynson, we can help protect your future. With years of experience, you can rely on us to support you in making a Will. Our trusted Wills & Probate solicitors will guide you through the process, offering expert advice when you need it most. Don't let your estate be determined by the rules of intestacy - let's work together to ensure your loved ones receive your estate as you wish.

We’ll run through everything you need to know to make the most informed decisions, remaining on hand to answer any questions you may have. From choosing who'll receive your possessions to deciding who’ll look after any beloved pets when you're no longer here, making a Will lets you stay in control, even after death.

To speak with our friendly team today about making a Will, please contact us.

Jessica Flaherty

Jessica is Partner and heads our Private Client Team. Jessica graduated with a degree in Law from Liverpool John Moores University in 2012. Jessica completed her LPC at Liverpool John Moores University in 2013 and in 2021, she qualified as a Trust and Estate Practitioner having completed the STEP Diploma in Trust and Estates.