The law decides, not you
If you die without a valid will, your estate is shared out under the intestacy rules. They follow a fixed family order and take no account of who you actually wanted to provide for, who depended on you or who has cared for you.
- Married with children: your spouse or civil partner gets your belongings, the first £322,000 and half of the rest. Your children share the other half.
- Married, no children: your spouse or civil partner gets everything.
- Unmarried partner: gets nothing, however long you've been together.
- Children: inherit outright at 18. Stepchildren get nothing unless adopted.
Don't like the result? A will lets you choose who inherits, name guardians for your children, protect a partner and keep money safe for anyone vulnerable. Talk to a specialist.
Read more: what happens if you die without a will and wills for unmarried couples.
Frequently asked questions
Does my partner inherit if we're not married?
No. Under the intestacy rules in England and Wales, an unmarried partner inherits nothing, however long you've lived together. They can only claim through the courts. Anything you own jointly as joint tenants passes to them automatically.
Does my husband or wife get everything if I die without a will?
Only if you have no children, or your estate is under £322,000. Otherwise your spouse gets your personal belongings, the first £322,000 and half of the rest. Your children share the other half.
What happens to children under 18?
Their share is held for them until they turn 18, when they receive it outright. If no guardian is named and there's no surviving parent with parental responsibility, a court may decide who looks after them.
What if I have no family?
If you have no spouse, children, parents, brothers or sisters, grandparents, aunts or uncles (or their children), your estate goes to the Crown.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.