What Happens If You Die Without a Will in England and Wales? (2026 Guide)

If you die without a Will in England or Wales, the law decides who inherits your money, your home and your possessions, not you. For many families that works out roughly as they would have wanted. For unmarried couples, blended families and parents of young children, it often does not. This guide explains exactly what happens in 2026, who loses out, and how to put things right in one appointment.

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What are the intestacy rules?

When someone dies without a valid Will, they are said to have died intestate. Their estate is then shared out under fixed rules set by the Administration of Estates Act 1925, as updated over the years. The rules follow a strict family order and cannot take account of your relationships, your wishes or anyone who depends on you.

Who inherits if you die without a Will in 2026?

Your situation	Who inherits
Married or civil partner, no children	Your spouse or civil partner inherits everything
Married or civil partner, with children	Your spouse gets your personal possessions, the first £322,000 and half of the rest. Your children share the other half
Unmarried, with children	Your children share everything equally. Your partner gets nothing
Single, no children	Your parents, then brothers and sisters, then more distant relatives
No living relatives in the line	Your estate passes to the Crown

Children under 18 do not receive their share directly. It is held in a statutory trust until they reach 18, when they receive it outright, whether or not they are ready.

Five families the rules leave exposed

1. Unmarried couples

There is no such thing as a common law spouse in England and Wales. However long you have lived together, an unmarried partner has no automatic right to inherit. If the house is in your sole name, your partner could have to leave it. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that means court proceedings, cost and stress at the worst possible time.

2. Parents of young children

Only a Will lets you appoint guardians for children under 18. Without one, if both parents die, a court decides who brings up your children. You can also use a Will to hold their inheritance in trust until a sensible age, such as 21 or 25, rather than 18.

3. Blended families

Stepchildren who have not been legally adopted have no right to inherit under the intestacy rules. If you want to provide for a partner and children from different relationships, a Will, often with a property protection trust, is the only way to do it fairly.

4. Separated but not divorced

Until a divorce or dissolution is final, your husband, wife or civil partner is still treated as your spouse under the intestacy rules, even if you have lived apart for years.

5. Anyone with a business or property elsewhere

Business interests, rental property and assets abroad can be tied up for months without clear instructions. A Will lets you choose executors with the right skills to deal with them.

What happens to the house?

How you own your home matters as much as whether you have a Will. If you own it as joint tenants, your share passes automatically to the other owner, whatever your Will or the intestacy rules say. If you own it as tenants in common, your share passes under your Will, or under the intestacy rules if you have no Will. A good Will writer will check this with you.

Who deals with the estate without a Will?

With a Will, you choose your executors. Without one, the person entitled to apply is set by law, usually your spouse or civil partner, then your children. They must apply for letters of administration before they can deal with the estate. It can take longer and cause disputes where family members do not get on. If someone has already died without a Will, our sister site Probate Compare can help you compare fixed fee quotes.

Is inheritance tax affected?

Inheritance tax is charged at 40% on estates above the £325,000 nil rate band. An extra £175,000 residence nil rate band can apply when a home passes to children or grandchildren. Gifts to a spouse or civil partner are usually exempt, but gifts to an unmarried partner are not. Without a Will, you lose the chance to plan how these allowances are used. Get tax advice if your estate is close to the thresholds.

Five reasons to make a Will this year

1. You decide who inherits, including your partner, stepchildren, friends or charities.
2. You appoint guardians for your children.
3. You choose executors you trust.
4. You can protect your share of the home with a trust.
5. Your family avoids uncertainty, delay and the risk of disputes.

Frequently asked questions

Does my partner inherit if we are not married?

No. Unmarried partners have no automatic right to inherit under the intestacy rules in England and Wales. A Will is the simplest way to provide for them.

Does marriage cancel a Will?

Yes. In England and Wales, getting married or entering a civil partnership cancels an existing Will unless it was made in contemplation of that marriage.

How much does a Will cost in 2026?

Most single Wills cost £90 to £300 and mirror Wills for couples £150 to £450. See our 2026 Will cost guide.

Can I write my own Will?

You can, but homemade Wills often fail because of unclear wording or signing mistakes. A Will must be signed in front of two independent witnesses who are present at the same time.

This guide is general information about the law of England and Wales in 2026 and is not legal or tax advice. Will Compare is an introducer and not a law firm.