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7 September 2026
Sometimes, planning for the end of your life can seem overwhelming. Confronting your mortality can often be distressing. However, for loved ones, dealing with an estate they are unsure of can also prove to be distressing.
In 2025, a study revealed that 56 per cent of adults in the UK over the age of 18 do not have a Will in place.
If you are part of this 56 per cent, there is a risk that your wishes for your loved ones will not be met, as the law will determine who benefits from your estate.
Should you die without a Will in England and Wales, your estate will be passed on via the rules of intestacy.
This law ignores all personal wishes, meaning that unmarried partners and stepchildren will automatically be entitled to nothing.
If you have a spouse or civil partner, they will inherit everything up to £322,000 if there are no children.
If there are children, they will split the remaining balance above £322,000 with the spouse.
If there is no spouse, the rules of intestacy are as follows:
If there are no surviving relatives, the estate will pass to the Crown. This is done through a process known as bona vacantia.
If you die without a Will, you will not have chosen someone to deal with your estate on your behalf. Instead, a family member will usually need to apply to the Probate Registry for a Grant of Letters of Administration.
This gives them the legal permission they need to handle your money, property and other belongings. The person who takes on this responsibility is known as the administrator.
Although the administrator has a different title, their role is broadly similar to that of an executor named in a Will.
They are responsible for dealing with the practical and legal matters that need to be sorted after someone dies.
This can include finding and valuing the deceased’s assets, dealing with outstanding debts and taxes, and making sure the remaining estate is passed on to the right people under the intestacy rules.
Depending on the circumstances, this can be a straightforward process, or it can become more involved, particularly when property, significant assets or several beneficiaries are involved.
Having your estate fall to the rules of intestacy can sometimes lead to outcomes that you did not wish for. It can exclude people whom you care deeply about.
Having a Will decides who will inherit your assets, can provide for your unmarried partner, appoint guardians for your children and simplify the probate process.
Additionally, it will provide you and your family with peace of mind that they will be provided for in the event of your death.
Our team can help you with drafting a Will that protects you and your family’s best interests in the event of your death.
If you are considering writing a Will, get in touch with our team for support.
