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Kylie Cox

What happens if I don't make a Will?

Updated: Aug 18


Will Writing Category

Many people underestimate the importance of creating a Will, assuming that their estate will automatically be distributed according to their wishes. Let's face it, writing a Will isn't exactly at the top of everyone's fun list. But what happens if you kick the bucket without one? In England and Wales, the law steps in and decides how your estate (possessions and money) will be divided. This process is called "dying intestate," and it might not reflect your wishes.


Here's what you can expect if you die without a Will:


  • The government calls the shots: The rules of intestacy dictate who inherits your estate. These rules prioritise blood relatives and can leave close friends, partners, or charities out in the cold. Dying intestate means relinquishing control over who inherits your assets. Without a Will to outline your wishes, your estate may be distributed in a manner that does not align with your intentions. This can lead to loved ones being excluded or receiving less than you would have wanted. Creating a Will allows you to specify exactly how you want your estate to be distributed, ensuring that your wishes are honoured.

  • Family squabbles: The intestacy rules might not align with your family dynamics. This can lead to arguments and hurt feelings among loved ones at a difficult time. Without a Will, there is a risk that your assets may pass to unintended beneficiaries, such as distant relatives or the Crown. Intestacy rules determine the hierarchy of inheritance based on familial relationships, which may not reflect your personal preferences. By creating a Will, you can ensure that your assets are allocated according to your wishes and priorities.

  • Delays and uncertainty: Sorting out an intestate estate can take longer and be more expensive than one with a Will. Your loved ones might be left waiting for their inheritance, adding stress to an already emotional situation. Intestacy can result in delays and disputes among family members, particularly if there are complex family dynamics or disagreements over asset distribution. Without clear instructions provided in a Will, the process of administering your estate may become protracted and contentious. This can cause unnecessary stress and strain on relationships during an already difficult time. Dealing with intestacy can incur additional costs and legal fees. The administration of an intestate estate may require the appointment of an administrator to manage the distribution of assets, which can involve complex legal procedures. These expenses can diminish the value of your estate and reduce the inheritances received by your loved ones.

So, who gets what when you die intestate?

The rules depend on your marital status and whether you have children:

  • Married or in a civil partnership with children: Your spouse inherits everything if the total estate value is under £322,000. If it's more, your spouse gets £322,000 plus half the remaining amount, with the rest split equally amongst your children.

  • Married or in a civil partnership without children: Your spouse inherits everything.

  • Not married or in a civil partnership with children: Your children inherit everything equally.

  • Not married or in a civil partnership with no living relatives: The estate goes to the Crown (the government).

It is important to note that cohabitees and stepchildren do not inherit under the rules of intestacy.

The Bottom Line: A Will Saves Headaches

While the intestacy rules might seem straightforward, they can get messy in more complex family situations. A Will allows you to:


  • Decide who inherits your belongings: Ensure your loved ones, friends, or charities receive what you want them to have.

  • Appoint guardians for your children: Choose who will care for your minor children if you're no longer around.

  • Minimize family conflict: Clear instructions in a Will can help prevent disagreements about your estate.

  • Save your loved ones time and money: A Will simplifies the probate process, making things easier for those you leave behind.

In conclusion, failing to make a Will can have significant implications for the distribution of your estate and the financial security of your loved ones. By taking the time to create a Will, you can exercise control over your legacy and provide clarity and peace of mind for your family members. Consulting with a Will Writer such as Toucan Law can help you navigate the process of estate planning and ensure that your Will accurately reflects your wishes. Don't leave your legacy to chance – make a Will today to protect your assets and secure your family's future.


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