Do I Need a Will? What Happens If You Die Without One in the UK

It is one of those things most of us put off. You know you should probably make a will, but life gets in the way — and besides, isn't it something only older people or wealthy families need to worry about?

The truth is, if you own anything at all, have children, or live with a partner, you almost certainly need a will. And if you die without one, the consequences can be devastating for the people you care about most.

What Happens If You Die Without a Will?

When someone dies without a valid will in England and Wales, they are said to have died intestate. This means a rigid set of legal rules — the rules of intestacy — determine who inherits the estate. Your wishes, however clearly you expressed them during your lifetime, carry no legal weight.

The intestacy rules follow a strict hierarchy. Your estate passes first to your spouse or civil partner, then to children, then to parents, siblings, and so on down the family tree. If no relatives can be found, your entire estate goes to the Crown.

That may sound straightforward, but the reality is often far from it.

Unmarried Partners Receive Nothing

This is the single most important reason to make a will if you are not married or in a civil partnership. Under intestacy rules, a cohabiting partner — no matter how long you have lived together — has no automatic right to inherit anything from your estate.

Imagine you and your partner have shared a home in Hounslow or Richmond for twenty years. You have built a life together, perhaps raised children. If you die without a will, your partner could be left with nothing — and could even face losing their home.

Many people across Twickenham, Chiswick, and the wider London area assume that "common law marriage" gives them legal protection. It does not. Common law marriage has no legal standing in England and Wales. Only a will can protect an unmarried partner.

Your Children May Not Be Provided for as You Wish

If you are married with children and die intestate, the rules have changed in recent years, but they are still rigid. Your spouse receives the first £322,000 of your estate plus all personal possessions, and then half of the remainder. Your children share the other half — but they cannot access it until they turn 18.

If you are not married, your children inherit everything, but there is no flexibility in how or when. A will lets you set up trusts, appoint guardians for minor children, and ensure your money is used for their education, housing, and wellbeing in exactly the way you choose.

Who Inherits Under the Intestacy Rules?

The order of priority under the intestacy rules in England and Wales is:

• Spouse or civil partner — receives the estate (subject to the rules above if there are children)
• Children — inherit if there is no surviving spouse, or share the remainder above the threshold
• Parents — inherit if there is no spouse or children
• Siblings — inherit if there are no parents
• Half-siblings, grandparents, uncles and aunts — in that order
• The Crown — if no relatives can be traced

Notice who is missing from this list: unmarried partners, step-children, close friends, charities, and anyone else who is not a blood relative or legal spouse. A will is the only way to include them.

It Is Not Just About Property

Many people living in areas like Brentford, Ealing, or Kingston think they do not need a will because they do not own a house. But your estate includes far more than property:

• Savings and current accounts
• Investments and shares
• Life insurance payouts (depending on the policy)
• Pension death benefits
• Vehicles
• Personal possessions — jewellery, furniture, collections
• Digital assets and online accounts

Even a modest estate can be worth more than you think, and without a will, you have no say in who receives these items.

DIY Wills — Are They Worth the Risk?

You can buy a DIY will kit for a few pounds, but they come with serious risks. Standard forms rarely cater for individual circumstances, and a mistake in wording, witnessing, or signing can render the entire document invalid.

Common problems with DIY wills include:

• Failing to meet the legal requirements for valid execution
• Using ambiguous language that leads to disputes
• Not accounting for inheritance tax planning
• Overlooking the need for trusts to protect vulnerable beneficiaries

A professionally drafted will from a qualified will writer costs far less than you might expect — a single will starts from just £150 — and gives you the peace of mind that your wishes will be carried out exactly as you intend.

When Should You Make a Will?

The short answer is: now. But certain life events make it especially urgent:

• Buying a property
• Getting married or entering a civil partnership (marriage automatically revokes any previous will)
• Having children
• Moving in with a partner
• Receiving an inheritance
• Starting a business
• Divorce or separation

If any of these apply to you, making a will should be a priority.

How Abrahams Wills Can Help

I offer professional will writing services with home visits across London and Surrey, including Hounslow, Richmond, Twickenham, Chiswick, Brentford, Ealing, and surrounding areas. I visit you at a time that suits you — daytime or evening, seven days a week — and guide you through the entire process.

As a member of The Society of Will Writers, I ensure every document is properly drafted, correctly witnessed, and legally sound. All prices include VAT, and there are no hidden fees.