What happens if you die without a will?

More than half of UK adults don’t have a will. Without one, the law decides who gets what, and it may not be who you’d expect.

If you don’t have a will, you’re far from alone. According to the government-backed Money and Pensions Service, 56% of UK adults don’t have a will. That includes 53% of people aged 50 to 64, and more than one in five people aged 65 and over.

Most of us mean to get round to it. The trouble is that if you die before you do, the decisions are made for you, by a fixed set of rules called the intestacy rules.

Who inherits if there’s no will

In England and Wales, the intestacy rules share out what you leave in a set order:

Married or in a civil partnership, with children: your husband, wife or civil partner gets your personal belongings, the first £322,000 and half of anything above that. Your children share the other half.
Married or in a civil partnership, no children: your husband, wife or civil partner inherits everything.
Not married: everything goes to your children in equal shares. If you have no children, it goes to your parents, then your brothers and sisters, then more distant relatives, in a fixed order.
No relatives at all: your estate goes to the Crown.

You don’t get a say in any of it. The rules can’t take account of a close friend, a charity you care about, or the child who gave up work to look after you.

Living together? Your partner gets nothing automatically

This is the one that catches families out most. There’s no such thing as a “common-law” husband or wife. If you live with a partner but aren’t married or in a civil partnership, they have no automatic right to inherit anything under the intestacy rules, however long you’ve been together.

That affects a lot of people. There were 3.5 million cohabiting couple families in the UK in 2024, according to the Office for National Statistics. A partner left out can ask a court for a share, but that means a legal claim, costs and delay, at the worst possible time.

A will is the only way to be sure the people you love are the people who inherit.

What else a will does

Chooses your executors, the people you trust to sort out your affairs.
Names guardians for any children under 18.
Leaves gifts to friends, stepchildren or charities, who wouldn’t inherit under the rules.
Makes things quicker and kinder for your family, because they aren’t left guessing what you wanted.

Getting started

You can make a will with a solicitor or a regulated will-writing service. Some charities run schemes each year where solicitors write simple wills for a donation. It usually takes less time than people expect.

Once it’s done, write down where the original is kept and who your executors are, somewhere your family will actually find it.

A will can only protect your family if they can find it. Cairn keeps a note of where yours is kept and who your executors are, so they know exactly where to start.

This is general information, not legal advice. Cairn is a record-keeping tool. Sources: Money and Pensions Service (2025), The Gazette: intestacy rules in England and Wales, ONS Families and households 2024, GOV.UK: who inherits if someone dies without a will.