Understanding the Risks of Dying Intestate in the UK
Many people delay making a Will, not realising the serious consequences of dying without one. In England and Wales, if you pass away without a valid Will, your estate is distributed according to the rules of intestacy, which may not reflect your personal wishes.
At Beers Solicitors, we help individuals and families across Devon prepare Wills that provide clarity, security, and peace of mind. Here’s what you need to know if you’re wondering, “What happens if I don’t have a Will?”
What Is Intestacy?
Intestacy occurs when someone dies without a legally valid Will. In this case, the law determines who inherits your assets—regardless of your relationships, intentions, or family dynamics.
Who Inherits If I Die Without a Will?
Under intestacy rules in England and Wales:
- Only married partners and civil partners inherit automatically. Unmarried partners and cohabitees do not have any legal right to your estate.
- If you have children and your estate is worth more than £322,000 (as of 2024), your spouse or civil partner receives the first £322,000 and half of the remainder. The other half goes to your children in equal shares.
- If you have no spouse or children, your estate will pass to relatives in a strict legal order: parents, siblings, nieces and nephews, and so on.
This can leave people you care about—such as a partner or stepchildren—excluded completely.
Why Is It Important to Make a Will?
Without a Will:
- You lose control over who inherits your estate
- You cannot appoint guardians for your children
- You cannot leave specific gifts or make charitable donations
- Your estate may take longer to administer
- Family disputes are more likely to arise
Writing a Will is a simple and effective way to avoid these risks and ensure your wishes are legally protected.
What Happens to My Children If I Die Without a Will?
If you have children under 18 and no Will, there could be uncertainty over guardianship. A Will allows you to name trusted individuals to care for your children, giving everyone reassurance and stability.
Can I Write My Own Will?
While DIY Wills are available, mistakes or unclear wording can make them invalid or lead to disputes. A professionally drafted Will ensures your intentions are clear, legally sound, and up to date with current laws.
How Can Beers Solicitors Help?
At Beers Solicitors, we specialise in Wills, probate, and estate planning. With offices in Kingsbridge and Plymouth, we offer friendly, expert advice tailored to your individual circumstances.
Whether you’re making a Will for the first time or updating an existing one, we make the process straightforward and stress-free.
Contact Us Today
Protect your loved ones and take control of your estate. Speak to our Private Client team to arrange a consultation.
Kingsbridge: 01548 857000
Plymouth: 01752 246000
E-mail: info@beersllp.com