Without a valid will, unmarried partners have no automatic right to inherit, and your spouse may not inherit everything. Similarly, children from a previous marriage may miss out.
A shockingly high proportion of Brits died without a will in 2025.
Last year, 70% of all people who died in the UK didn’t have a will, according to Experts in Money. All of those people lost control of where their assets ended up, potentially causing extra stress for their grieving family members.
Without a valid will, unmarried partners have no automatic right to inherit, and your spouse may not inherit everything. Similarly, children from a previous marriage may miss out.
A person who dies without a will is known as ‘dying intestate’. In this case, sorting out their estate is a bit more complicated, as the law decides who inherits according to certain criteria called ‘intestacy rules’.
There is a lot at stake if this does happen. Disputes can arise between family members over who should administer the estate and who should receive what, which can be particularly challenging and emotional after the death of a loved one.
For those who die intestate, what happens differs for England and Wales, Northern Ireland, and Scotland.
England & Wales
- Spouse with children: inherits the personal items, the first £322,000, and half of the remainder. Children get the other half.
- Spouse, no children: inherits the entire estate.
- No spouse: the estate passes to children, then to other relatives in a strict order.
Scotland
- Spouse with children: inherits the house (up to £473k), contents (up to £29k), £50k cash, and one-third of the remaining estate. Children share the other two-thirds.
- Spouse, no children: inherits the entire estate.
- No spouse: the estate passes to children then to other relatives.
Northern Ireland
- Spouse with one child: inherits personal items, the first £250,000, and half of the remainder. The child gets the other half.
- Spouse with 2+ children: inherits personal items, the first £250,000, and one-third of the remainder. The children share the other two-thirds.
- Spouse, no children: inherits the full estate if it’s under £450k. If over, they get personal items, the first £450k, and half the rest. The other half goes to other relatives.
- No spouse: the estate passes to children, then to other relatives.
Often, the kindest thing you can do for your loved ones is to make sure your affairs are as straightforward and orderly as possible.
Among those who say they have written a will, family is the main motivating factor. A Co-Op survey found that almost three-quarters (71%) of will holders chose to get one so as to make things easier for loved ones, while almost half (49%) wanted to protect the interests of their family after their death.
If you do decide to get a will, Experts in Money is a great place to start. It can connect you with trusted professionals in your area to ensure your will is crafted with care and expertise. Experts in Money partners with many of the 6,000 solicitors specialising in will writing across the UK, so wherever you are, you’ll be covered.
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