Wills: what happens if I don't have a valid Will?

If you die without a valid Will in England or Wales, you die “intestate' (a legal term that simply means you did not have a Will). 

Dying intestate can have a very significant impact on your loved ones:

• Law Decides Who Inherits: The law (specifically the “intestacy rules”) will dictate who inherits your estate. This often means only close family members will inherit, even if that’s not your preference.

• Spouse or Civil Partner Gets Priority: Your spouse or civil partner (if you’re married or in a civil partnership) will inherit first, but they may not get everything if you have children.

• Children May Share: If you have children, they may receive part of your estate, depending on its value, but it’s often split, which may leave less for your partner or other dependents.

• Unmarried Partners Aren’t Protected: If you’re not married or in a civil partnership, your partner won’t inherit anything unless they are specifically named in your Will. They could be left without any legal claim to your assets.

• Higher Chance of Disputes: Without a Will, family members may end up in legal disputes, especially if they feel the intestacy rules don’t reflect your wishes.
• Possible Tax Implications: Without proper planning, your estate might face higher inheritance tax, meaning less goes to your loved ones.
• Longer Administration Time: Sorting out an intestate estate often takes longer, delaying the distribution of assets and possibly causing stress for those left behind.
• Special Circumstances May Be Overlooked: If you have dependents, specific wishes, or assets like a business, they won’t be considered without a will, which could leave loved ones unprotected.

Making a Will ensures your assets go to the people you choose, reduces stress for your family, and can help avoid unnecessary costs or delays.