Having a Will vs Intestacy

Making a will ensures your estate is distributed according to your wishes. Dying without one — known as intestacy — means fixed rules decide who inherits, and the results may surprise you.

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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.

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.