What happens if I die without a will?

If you die without a valid will, the law determines who inherits your estate.

The outcome depends on your family circumstances. If you are not married or in a civil partnership, your estate may pass to your children, parents, siblings or other relatives in a set order.

If no entitled relatives can be found, your estate may eventually pass to the Crown.

Who would inherit my estate?

Many single people assume that the people closest to them would automatically inherit. That is not always the case.

Friends do not normally inherit under the intestacy rules. An unmarried partner does not currently have the same automatic inheritance rights as a spouse or civil partner in England and Wales.

A will allows you to name the people or organisations you want to benefit.

What if I have children?

If you have children, a will allows you to set out how you want your estate to be divided between them.

It can also record who you would like to care for children under 18 if there were no surviving parent with parental responsibility.

You may also need to consider who should manage an inheritance until your children are old enough to receive it.

What if I own a home?

Your home may be one of the largest assets in your estate.

If you own it alone, it will normally form part of your estate. If you own it jointly, the type of joint ownership may affect whether your share passes automatically to the other owner or under your will.

Your property ownership and your will should therefore be considered together.

What if I live with a partner?

Living together does not currently give an unmarried partner the same automatic inheritance rights as a spouse or civil partner.

A partner may therefore receive nothing under the intestacy rules, even if you have lived together for many years.

Jointly owned property and accounts may be treated differently, depending on how they are held. A will helps make your intentions clear rather than leaving your partner’s position uncertain.

Can I leave something to friends or charities?

Yes. A will can leave money, property or particular possessions to friends, charities or anyone else you choose.

This may be particularly important if the people closest to you are not the relatives who would inherit under the intestacy rules.

Who will deal with my estate?

Your executors are responsible for dealing with your estate after your death.

Their role may include identifying your assets, settling debts and taxes, applying for probate where required and distributing your estate.

A will allows you to choose people you trust to take on this responsibility.

What about possessions, pets and funeral wishes?

A will can deal with particular possessions that have financial or sentimental value.

You can also plan for the care of a pet, for example by naming someone you would like to take responsibility and leaving money towards its care.

Funeral wishes can be included or recorded separately. They are not usually legally binding, but they can provide useful guidance to the people arranging your funeral.

Does my estate need to be valuable?

No.

Making a will is not only about passing on a large amount of money. It is also about giving clear instructions and making things easier for the people left to deal with your affairs.

A modest estate may still include savings, personal belongings, a vehicle, digital accounts, workplace benefits, pensions or insurance policies.

When should I review my will?

Your will should be reviewed when your circumstances or wishes change. This may include:

• beginning or ending a relationship;
• buying or selling a home;
• having or adopting a child;
• receiving an inheritance;
• starting a business;
• losing contact with a beneficiary or executor; or
• changing your mind about who should benefit.

A will cannot simply be edited after it has been signed. Changes normally require a properly executed codicil or a new will.

What else should I consider?

A will only takes effect after your death.

You may also want to consider Lasting Powers of Attorney. These allow people you trust to make certain decisions for you during your lifetime if you need support or lose the ability to make those decisions yourself.

Together, a will and Lasting Powers of Attorney can provide clearer arrangements for both your lifetime and your estate.