What happens if I die without a will?

The rules of intestacy decide who gets what, and they take no account of your intentions. An unmarried partner typically receives nothing, however long the relationship, and neither do step-children you never formally adopted.

Who the rules favour

Intestacy follows a fixed order of relatives.

An unmarried partner
Receives nothing under the rules.
A spouse or civil partner, with children
Does not simply get everything. In England and Wales they take the personal possessions, a statutory legacy, and half of what remains; the children take the other half.
Step-children
Receive nothing unless legally adopted, whatever the relationship was in practice.
Children under 18
Inherit, but a court may have to decide who raises them if there is no surviving parent, because guardians are appointed in a will.
Estranged relatives
Can inherit ahead of people you were close to. The rules look only at family relationship.
Nobody at all
If no relative qualifies, the estate passes to the Crown.

The rules differ between England and Wales, Scotland and Northern Ireland, and the statutory legacy figure changes from time to time.

What a will covers

A will decides who gets what. It appoints the executors who sort everything out and the guardians who would raise your children. It can also put a share in trust, which matters most on a second marriage, where children from the first one can otherwise end up with nothing.

Marriage revokes a will

In England and Wales, getting married generally cancels an existing will unless it was made in contemplation of that marriage. Divorce does not cancel it, but it usually removes the former spouse as a beneficiary and executor.

Wills, trusts and probate are provided by qualified legal professionals rather than by Buzz Financial Services. The Financial Conduct Authority does not regulate will writing, trusts or some forms of estate planning.

Under the intestacy rules an unmarried partner receives nothing, however long you have lived together.

Related questions

Can I write one myself?

You can, and a badly executed homemade will can lead to contested probate. The failures are mechanical: improper witnessing, ambiguous wording, gifts of things since sold, executors who have died.

How often should I update it?

After a marriage, a divorce, a birth, a death among your beneficiaries or executors, a significant change in assets, or a house move. A quick review every five years is sensible even when nothing obvious has changed.

Does a will reduce inheritance tax?

Not by itself, but it is where the planning is executed — leaving a share to a spouse, using the residence nil rate band by passing a home to direct descendants, or putting a trust in place.

What about a lasting power of attorney?

A will takes effect when you die; an LPA covers what happens if you cannot make decisions while alive. You can only make one while you still have capacity, and without it your family must apply to the Court.

Calculators

Where this fits

We handle the financial side — the nominations, the policies in trust, the inheritance tax position — and work alongside your solicitor so the documents and the plan say the same thing.

Talk to an adviser

Your first call is with an Account Manager and is at no cost to you. Tell us what is on your mind: a pension you have lost track of, a fixed rate ending, a will you keep meaning to write.