Having a Will vs Intestacy

A will lets you decide who inherits, who administers your estate and who looks after your children. Dying without one — intestacy — hands all of that to a fixed statutory order that takes no account of what you would have wanted. The results catch families out regularly: an unmarried partner of twenty years receives nothing, a separated spouse may still inherit, and stepchildren are not included unless they were legally adopted. This comparison shows exactly what changes when there is no valid will.

Tip: scroll the table sideways to see all columns →

Feature	With a Will	Intestacy (No Will)
Who inherits	The people and organisations you choose	Fixed rules under the Administration of Estates Act 1925 — only certain relatives qualify
Unmarried partner	Can inherit if named in your will	Receives nothing under intestacy rules regardless of length of relationship
Guardianship of children	You can name a guardian for your children	Court decides who becomes guardian
Executor	You choose who administers your estate	An administrator is appointed — usually the closest relative, who may not be your choice
Charitable gifts	You can leave gifts to charities, which may also reduce inheritance tax	Charities receive nothing
Speed of administration	Generally faster as intentions are clear	Often slower due to identifying heirs and applying intestacy rules

Intestacy rules in England and Wales do not recognise cohabiting partners at all — if you are not married or in a civil partnership, your partner receives nothing. Making a will is especially important if you are unmarried.

Who this matters most for

Intestacy is hardest on the people the rules do not recognise. Cohabiting partners in England and Wales inherit nothing under the statutory order, however long you lived together and whoever paid the mortgage. Stepchildren you never formally adopted are outside it too. Meanwhile a spouse you separated from but never divorced remains your spouse for these purposes and stands at the front of the queue. If any of that describes your household, a will is not optional housekeeping — it is the only thing that produces the outcome you would want.

Unmarried and living together? This is the single strongest reason to make a will, and to consider how the home is owned as well.
Children under 18? A will lets you appoint guardians. Without one, the court decides, possibly between relatives who disagree.
Blended family, business, or property abroad? Get proper advice. These are the situations where homemade wills fail most often.

The mistake that undoes good intentions is a will that is not valid. It must be in writing, signed by you, and witnessed by two people who are present — and a witness or their spouse cannot inherit under it. Marriage revokes an earlier will unless it was made in contemplation of that marriage, so people who remarry frequently die intestate without realising.

Review your will after any marriage, divorce, birth or house purchase, and store the original somewhere your executors can actually find it.

Frequently asked questions

My partner and I are not married. Does a joint bank account or shared mortgage help?

Partly, and only for those specific assets. Money in a genuinely joint account and a home owned as joint tenants pass automatically to the survivor outside the estate, which is why how you hold the property matters enormously. If you own as tenants in common, your share forms part of the estate and falls into the intestacy rules, where an unmarried partner takes nothing. Check the title at the Land Registry, and make a will regardless — it is the only route that covers everything else.

Can a will be challenged after death?

Yes. Certain people, including a spouse, former spouse who has not remarried, child, or someone financially maintained by the deceased, can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, whether or not there is a will. Wills can also be challenged on grounds such as lack of capacity, undue influence or invalid execution. Claims are subject to strict time limits running from the grant of probate, so anyone considering one should take advice quickly.

Who deals with the estate if there is no will?

An administrator takes the role an executor would have had, and the law sets who is entitled to apply — usually the closest surviving relative in the statutory order. They apply for letters of administration rather than a grant of probate. It is often slower, because heirs have to be identified and traced before anything can be distributed, and if several relatives rank equally there can be disagreement about who takes it on before the work even starts.

Is a homemade or online will good enough?

It can be, for a simple estate and a straightforward family. The risk is not the cost of the document but what a mistake costs to unpick afterwards, when you are not there to explain what you meant. Ambiguous wording, a witness who stands to inherit, gifts to people who die first and assets that were sold years ago all create problems. If there is a business, property abroad, a blended family or anything contentious, use a solicitor.

Related guides

Making a Will

A will is the only way to ensure your assets go to the people you choose after your death. Without a valid will, the intestacy rules determine who inherits — and these may produce very different results from your wishes, particularly if you are unmarried, have stepchildren, or have a complex family situation. Making a will is one of the most important legal steps you can take.

11 min

Intestacy Rules: Who Inherits If There Is No Will

When someone dies without a valid will — or with a will that does not dispose of all their assets — the intestacy rules set out in the Administration of Estates Act 1925 (as amended) determine who inherits and in what proportions. Understanding these rules is important for anyone making estate planning decisions, and for families dealing with the death of a loved one who left no will.

9 min

Grant of Probate: The Probate Process Explained

A Grant of Probate is the legal document issued by the Probate Registry that confirms the executor's authority to deal with the deceased person's estate. Most financial institutions and land registries require a Grant of Probate before releasing assets. This guide explains when you need probate, how to apply, what it costs, and what happens during estate administration.

10 min

Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.