What happens if you die without a Will?

The estate passes down a strict order of priority. In summary:

• Spouse or civil partner, no children. The survivor takes the whole estate.
• Spouse or civil partner and children. The survivor takes the personal possessions, a fixed statutory legacy, and half of what remains. The other half is shared between the children. The statutory legacy is index-linked and reviewed from time to time, so check the current figure on GOV.UK.
• No spouse. The estate goes to children in equal shares; failing that, to parents, then siblings, then wider family.
• No relatives at all. The estate passes to the Crown.

There is no common-law spouse under these rules. However long you have shared a home, an unmarried partner does not automatically inherit. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that can be slow, costly and uncertain. A Will can spare your partner and family that worry.

Intestacy recognises biological and legally adopted children only. A stepchild you raised from infancy has no entitlement unless you name them in a Will.

Property held as beneficial joint tenants passes automatically to the surviving co-owner by survivorship, outside the Will and outside intestacy. If you want your share to go to your children, the joint tenancy has to be severed and your share dealt with in a Will, often through a property protection trust.

• Nobody is named to deal with the estate, so administrators have to be appointed under a fixed order of priority, which is often slower than probate with a Will.
• Minor children's shares are held on statutory trust until they are 18, with no say from you on who manages it or when it is released.
• No guardians are appointed for children under 18.
• No inheritance tax planning at all: an intestate estate takes the default treatment, which may waste reliefs a Will could have used.

A Will lets you choose who should be looked after and who should deal with everything. It matters particularly if you own a home with someone, have children from different relationships or are not married to your partner. One calm conversation is usually enough to get started.