Do You Have a Will? What Happens If You Die Without One — and How to Put It Right

Almost half of all adults in the UK do not have a will. Many assume their wishes will be followed automatically, or that the process is complicated and expensive. Neither is true. Without a will, the law steps in — and its rules may bear little resemblance to what you actually wanted.

What happens to your estate if you die without a will?

Dying without a will is called dying intestate. In England and Wales, your estate is then distributed according to the Rules of Intestacy — a fixed legal formula that prioritises certain relatives in a set order, regardless of your personal wishes.

The order of priority is: spouse or civil partner, then children, then grandchildren, then parents, then siblings, then half-siblings, then grandparents, then uncles and aunts, then half-uncles and half-aunts. If none of the above exist, the estate passes to the Crown (known as bona vacantia).

Who gets nothing without a will — even if they expected something?

Several groups of people who might reasonably expect to inherit receive nothing under the intestacy rules:

• Unmarried partners — no matter how long you have been together, a partner who is not your spouse or civil partner inherits nothing
• Stepchildren — they are not treated as your legal children unless you adopted them
• Close friends — regardless of how much you valued them
• Charities you supported — no charitable gifts can be made without a will
• Estranged relatives — someone you had not spoken to in decades may inherit ahead of the partner you lived with for 30 years

This is particularly important for people who live with a partner but are not married. Cohabitation gives no automatic inheritance rights in England and Wales — no matter how long the relationship has lasted.

What do the intestacy rules actually mean for a spouse?

If you are married and have children, your spouse does not automatically inherit everything. Under current intestacy rules in England and Wales, your spouse receives all personal possessions plus the first £322,000 of the estate. Anything above that is split: half goes to the spouse, and the other half is divided equally between the children. If your estate is large, this could mean your children inherit significant assets before they are ready.

What should a will include?

A basic will should cover:

• Executors — the people responsible for administering your estate (typically a spouse, adult child, or solicitor)
• Beneficiaries — who receives what, and in what proportions
• Specific gifts — particular items (jewellery, a car, a sum of money) for specific people
• Residuary estate — who gets everything left over after specific gifts and expenses
• Guardians — if you have children under 18, who you want to care for them
• Funeral wishes — burial or cremation, and any specific instructions

How do you make a legally valid will?

To be legally valid in England and Wales, a will must be:

• In writing
• Signed by you in the presence of two witnesses
• Signed by both witnesses in your presence
• Made by someone aged 18 or over who has mental capacity

Witnesses cannot be beneficiaries (or the spouses of beneficiaries) — if they are, the gift to them in the will becomes invalid.

How much does it cost to make a will?

A straightforward will prepared by a solicitor typically costs £150–£300 for a single person, or £250–£500 for a couple making mirror wills. For more complex estates — those involving trusts, overseas assets, or business interests — costs will be higher.

Online will-writing services (such as Farewill or Writable) can be considerably cheaper for simple estates — typically £90–£150. However, for anything involving property, significant assets, or a blended family, professional advice is worth the extra cost.

Some charities also offer free will-writing services as part of campaigns — Age UK, Marie Curie, and the National Trust have run these. Search “free will writing” for current schemes.

Does your will need updating?

A will you wrote ten or twenty years ago may no longer reflect your wishes. Life changes that make a review essential include:

• Marriage or remarriage (note: marriage automatically revokes a previous will in England and Wales)
• Divorce
• Death of a beneficiary or executor
• Significant change in assets
• Birth of grandchildren you want to include
• A change in your wishes about charitable giving

As a general rule, review your will every five years and after any major life change.