Originally published: 16 May 2019 | Last updated: 8 January 2026
TL;DR: It never makes sense to die without a Will. Dying intestate creates multiple problems for your family because they must deal with frozen bank accounts and court procedures to obtain administrator rights and the government enforces its own estate distribution system which overrides your intended wishes. The law does not provide any specific instructions for your children’s guardianship. Your estate will not include any charitable donations. Your stepchildren together with your unmarried partners face a total loss of their rightful inheritance.
The website LegalWills.co.uk allows users to create their Will in twenty minutes for a price of £49.95. The system blocks you from accessing it.
You should create a Will only when it makes sense to die without one.
Never. Dying without a Will is a choice. One that does not significantly affect you (you will be dead), but has serious repercussions for your family and loved ones. This article explains the legal process which follows when people pass away without creating a Will so you can understand why you should avoid making this choice.
What Happens in the First Few Days After You Die Without a Will?
Your family would need to handle their grief when they must perform urgent tasks because you passed away during the current day. Without a Will:
No one is in charge: there is no named Executor to manage your affairs
All accounts are frozen: banks will not release funds without a Grant of Letters of Administration
The family needs to fund funeral expenses but they cannot access their financial resources.
Family members face the challenge of determining your preferred funeral arrangements because you left no instructions for this important matter.
The bills continue to arrive while we must pay our mortgage and utilities and all outstanding debts.
According to the Daily Mail report, a person explained that their bank refused to provide them with any financial support during the estate management process even though they maintained a banking relationship with the institution for four decades. The banking system locked all funds which made it impossible to access any accounts.
How Does the Probate Process Differ Without a Will?
Your named Executor can obtain probate through an online application process which they complete after you create a Will. The process becomes more difficult when people do not create a Will.
Step
With a Will
Without a Will
Who acts
Named Executor
Must apply to court to become Administrator
Application method
Online
By post only
Proof required
Original Will + death certificate
Proof that no Will exists + death certificate + entitlement evidence
Unmarried partner
Can be named as Executor and beneficiary
Cannot apply to be Administrator and receives nothing
Timeline
Weeks
Months to years
How Is Your Estate Distributed Under Intestacy Rules?
The state decides which people will receive the inheritance because you did not create a Will. The distribution depends on your family situation:
Married with Children
Your spouse receives the first £322,000, all personal possessions, and half of the remainder. Your children share the other half equally. Your spouse would need to sell the family home because the estate value exceeds £322,000 but the property value makes up most of the total worth.
Married without Children
Your spouse receives everything, but only if you have no surviving parents, siblings, or their children. If you do, your spouse receives the first £322,000 and half the remainder; your parents (or siblings) receive the other half.
Unmarried Partners
Your partner receives absolutely nothing. The law denies unmarried partners any right to inherit through intestate succession no matter how long they have been together. They must file a court claim under the Inheritance (Provision for Family and Dependants) Act 1975 which costs a lot of money while producing no guarantee of success.
Stepfamilies
Your spouse who lacks biological connection to your children will receive most of your estate according to intestacy laws when you get married. Your spouse stands to lose all contact with your children after you pass away because they have no legal duty to include your children in their future Will. The result: your children could be completely disinherited. A Will with a lifetime interest trust solves this problem entirely. Learn more about estate planning for non-traditional families.
No Known Relatives
The entire estate will pass to the Crown (or Duke of Cornwall in Cornwall) when no relatives exist who can claim the property. Your estate will not receive any benefits from this situation although it occurs rarely.
What Else Do You Lose by Not Having a Will?
No Guardian for Your Children
Without a Will, there is no named guardian for your minor children. Eligible relatives must apply to the court, which decides based on limited criteria. At worst, no one steps forward and your children enter the care system.
No Specific Bequests
The list of items includes your grandmother’s engagement ring together with your father’s watch and your favorite artwork. The items become part of the general estate which the law distributes according to its established formula when someone dies without making a Will. People fight about treasured family objects because there are no clear rules when family members dispute over these things.
No Charitable Giving
Numerous people plan to donate to charity but they fail to complete their donations before they pass away. A Will lets you dedicate any portion of your estate including 1% to support a cause which holds significance for you. The Inheritance Tax rate will decrease from 40% to 36% through charitable donations of 10% or more. Without a Will, no charitable gifts are made. Learn about planned giving through your Will.
No Digital Asset Instructions
Your digital assets, email accounts, social media, online banking, photos, cryptocurrency. Are left in limbo without instructions. Your family may be permanently locked out of important accounts.
No Pet Care Provisions
Without a Will, there is no named caretaker for your pets and no funds set aside for their care. They may end up in a shelter.
How Easy Is It to Write a Will and Avoid All of This?
The process of creating a Will at LegalWills.co.uk requires 20 minutes to complete while charging £49.95. For that investment of time and money, you:
Name an Executor who can act immediately
Appoint a guardian for your children
Decide exactly who inherits what
Protect stepchildren and unmarried partners
Leave charitable bequests
Provide for your pets
Document your funeral wishes
Address your digital assets
You can update your Will at any time during your active account at no additional cost. There is no reason to delay.
Frequently Asked Questions
What does “dying intestate” mean?
Dying intestate means dying without a valid Will. The government distributes your estate through intestacy rules rather than following your personal instructions.
Can my unmarried partner inherit if I die without a Will?
No. The law denies unmarried partners any right to inherit through intestate succession no matter how long they have been together. They would need to make a court claim, which is expensive and not guaranteed to succeed.
What happens to my debts if I die without a Will?
Your debts are paid from your estate before any distribution to beneficiaries. The estate value becomes insufficient to cover debts which lead to no payments for beneficiaries. The Administrator must pay off debts following the established priority system which dictates the correct payment sequence.
Can I write a Will that protects my children from a previous relationship?
A lifetime interest trust in your Will lets your spouse access your assets throughout their life before the assets transfer to your children. This is not possible under intestacy rules. The Will template at LegalWills.co.uk includes this option.
Is there ever a good reason not to have a Will?
No. The document creates a process for you to select an Executor and it includes child guardian appointments and your personal instructions will be documented. The process requires little money and time yet it produces major issues when someone dies without a Will.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
- Can I include my pet in my will? | Providing for your pets by leaving money in a pet trust in your estate plan - April 2, 2026
- My parents didn’t have a Will. This is what I did. - March 26, 2026
- The duties of an Executor of a Will - March 19, 2026
