Dying without a will: 9 key risks

“I have a confession: I’ve never written a will. My partner says that things can get complicated if you die without one, but it seems like a big project. What actually happens if I die without a will, and is it really the worst thing in the world?”

Alan, Chippenham

Thanks for writing to me, Alan. Many of us put off writing a will, and the prospect can seem intimidating. But understanding what could happen if you die without one might just give you some incentive to start!

Firstly, know that you are not alone: only 41% of adults in the UK have a will in place, which means a majority are at risk of dying without one (IRN Research, Wills & Probate report 2025). Your message doesn't mention much about your family, but I've outlined some of the main risks below:

1. Instead of your estate being passed down according to your wishes, the rules of intestacy will apply. Your wishes will have no legal weight. You can read more about intestacy here.
   

2. If you aren't married to your partner, even if you have lived together for many years, they will not automatically inherit any of your estate. A cohabiting partner may be able to apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975, but certain rules and limits mean this isn’t guaranteed. For instance, they will need to be able to prove that they were either financially dependent on you or living with you as a partner for at least two years prior to your death.
   

3. Similarly, if you have stepchildren then they will not inherit any of your estate unless you have formally adopted them (even if you're married to their parent). Again, they may be able to bring a claim under the 1975 act – if they were either financially dependent on you or treated as a “child of the family” – but nothing is guaranteed.
   

4. Intestacy only allows blood relatives or spouses to inherit: nothing will be left to your friends, carers or charity (although in very rare cases they may make a claim if they were financially maintained by you). You can read more about who can inherit and making claims here.
   

5. Even estranged blood relatives could inherit part of your estate. In my experience this can lead to unmarried partners and stepchildren missing out, while distant relatives inherit - not a nice position for your family to find themselves in.
   

6. You won't be able to choose an executor for your estate. Instead, the court issues letters of administration and the administrator of your estate is chosen according to a statutory priority list (i.e. a spouse, children, parents, siblings etc.). This can be a long, expensive process and cause stress for the people you love. Note that friends can’t usually apply unless none of the relatives in the statutory list exist, or all entitled relatives renounce their right. You can read more about this here.
   

7. Immediate access to funds from your estate may be restricted until your estate is settled. For instance, banks often freeze a deceased person’s accounts until they receive a grant of probate or letters of administration (though in some cases they may release small balances or pay funeral invoices without probate). In practise this could result in considerable delays for your family, as well as unexpected costs and hassle. Note that any joint bank accounts will usually be passed to the surviving account holder.
   

8. People often use a will to record other wishes, such as how they want their children to be cared for or funeral wishes. These aren’t legally binding, but dying without a will makes it more difficult for your wishes to be respected. Even with a will you might want to share funeral wishes in a separate Letter of Wishes, because the will might not be read until after your funeral.
   

9. The death of a loved one can place strain on relationships, even in the closest families. I hear all the time from families who have fallen out over money following a death, and it's not unusual for this to result in long-term disputes. Having a will in place doesn’t completely prevent this, but in making your wishes clear it at least reduces the chance of quarrels after you pass away.

Writing a will might be simpler than you think, but it must be done while you are of sound mind (or to use the legal phrase, while you have “testamentary capacity”). You can find further articles about wills here, and remember to seek independent financial and legal advice.

Best of luck with your new project – feel free to let me know if you have any other questions!

The information in this article is for educational purposes only and should not be taken as legal or financial advice. Details are accurate at the time of publishing, and no liability is accepted for any inaccuracies or future changes. Always seek independent advice before making financial, legal or medical decisions.