If you die without a will in the UK, you die "intestate." That means the law — not you — decides who inherits your money, your property, and your possessions.
The intestacy rules are fixed. They don't account for your wishes, your relationships, or your family circumstances. They apply a rigid formula based on who you're related to by blood or marriage.
The results can be devastating. Unmarried partners inherit nothing. Children receive everything at 18 with no trust protection. Estranged relatives you haven't spoken to in decades can inherit ahead of people you love.
Around 30 million UK adults don't have a will. Here's exactly what would happen to their estates.
The Intestacy Rules in England and Wales
The rules below apply in England and Wales. Scotland and Northern Ireland have different (but similarly rigid) systems.
Scenario 1: Married/Civil Partner with Children
Your spouse or civil partner gets:
- All your personal possessions (regardless of value)
- The first £322,000 of your estate
- Half of everything above £322,000
Your children share the other half equally.
What this means in practice: If your estate is worth less than £322,000, your spouse gets everything and your children get nothing. If your estate is worth £500,000, your spouse gets £411,000 (personal possessions + £322,000 + half of £178,000) and your children share £89,000.
The problem: You can't choose to leave your best friend £10,000. You can't leave money to charity. You can't ensure your children's inheritance is held in trust until they're 25. The formula is the formula.
Scenario 2: Married/Civil Partner, No Children
Your spouse or civil partner inherits everything.
If you have no surviving spouse or civil partner, the estate passes to your parents. If no parents, then siblings. If no siblings, then half-siblings, then grandparents, then aunts and uncles, then half-aunts and half-uncles.
The problem: This might be exactly what you want. Or it might not. Without a will, you don't get a say.
Scenario 3: Unmarried Partner (Not Married, No Civil Partnership)
Your partner inherits nothing.
This is the single most important thing to know about intestacy. If you're not legally married or in a civil partnership, your partner has zero automatic right to inherit anything from your estate — regardless of how long you've lived together, whether you have children together, or whether you own property jointly.
Your estate goes to your children. If you have no children, it goes to your parents. Then siblings. Then more distant relatives. Your partner of 20 years gets nothing.
This is not an edge case. Millions of couples in the UK cohabit without marrying. Every one of them is at risk of this outcome.
Your partner could potentially make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this means going to court — which is expensive, stressful, uncertain, and takes months or years. A £9.99 will prevents this entirely.
Scenario 4: Single Parent
Your children inherit everything, shared equally. If your children are under 18, the money is held in trust until they turn 18.
The problem: Your children inherit everything at 18. Not 21, not 25, not "when they're mature enough." Eighteen. An 18-year-old receiving a large inheritance with no conditions or guidance is a recipe for poor decisions.
With a will, you can specify that children inherit at 21, 25, or any age you choose. Without a will, it's 18. Full stop.
The bigger problem: Without a will naming guardians, the court decides who looks after your children. This could be someone you wouldn't have chosen.
Scenario 5: Single, No Children
Your estate goes to (in this order):
- Parents
- Siblings (or their children if they've died)
- Half-siblings
- Grandparents
- Aunts and uncles
- Half-aunts and half-uncles
- The Crown (if no relatives are found)
The problem: Your close friends, your favourite charity, your partner (if unmarried) — none of them inherit anything. The estate follows a rigid bloodline hierarchy.
Scenario 6: No Surviving Relatives
If no relatives can be found, your entire estate goes to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, depending on where you lived). This is called "bona vacantia."
Your best friend gets nothing. Your favourite charity gets nothing. The government gets everything.
Real Examples of Intestacy Going Wrong
The Unmarried Couple
Sarah and James lived together for 15 years. They had two children, a shared mortgage, and a shared life. James died suddenly without a will.
Under intestacy rules, everything went to the children, held in trust until they turned 18. Sarah — his partner of 15 years, mother of his children — inherited nothing from his share of the estate. She had to continue paying the mortgage on a house she technically only half-owned, with no access to James's savings.
A will costing £9.99 would have prevented this.
The Estranged Family
Mark hadn't spoken to his father in 20 years. He had one close friend, David, who'd supported him through illness. Mark died intestate.
His entire estate went to his estranged father. David — the person Mark would have chosen — received nothing.
A will costing £9.99 would have prevented this.
The Young Inheritance
Lisa was a single mother with an estate worth £250,000 (mostly her house and life insurance). She died without a will when her son was 15.
Her son inherited everything at 18. No trust, no conditions, no guidance. At 18, he had access to a quarter of a million pounds with no obligation to save, invest, or use it wisely.
A will costing £9.99 would have allowed Lisa to set the inheritance age to 25 and appoint trustees to manage the money.
The Facts About Wills in the UK
The numbers paint a stark picture:
- 30 million UK adults don't have a will
- 54% of non-will-holders say they "haven't got round to it"
- 59% of parents don't have a will or have one that's out of date
- 41% of UK adults have a will (up from 38% in 2024)
- Unmarried partners inherit nothing under intestacy — affecting millions of cohabiting couples
The most common reason for not having a will is procrastination. Not cost, not complexity — just putting it off. The median will costs £130, which is a barrier for some. But at £9.99, CheapWills has removed the financial excuse entirely.
Common Myths About Dying Without a Will
"My partner will automatically inherit everything"
Only if you're legally married or in a civil partnership. Cohabiting partners — even those together for decades — have no automatic inheritance rights.
"Common law marriage protects my partner"
There is no such thing as "common law marriage" in England and Wales. It's a myth. Living together, no matter how long, creates no automatic inheritance rights.
"My family will sort it out fairly"
Maybe. But without a will, the intestacy rules decide — not your family. Even well-intentioned families can be torn apart by disputes over an intestate estate, especially when the law produces outcomes nobody expected or wanted.
"I don't have enough to worry about"
If you own a house, have savings, have a pension, or have children — you have enough to worry about. Even modest estates can cause significant problems under intestacy, especially for unmarried partners and children.
"Writing a will is expensive and complicated"
It used to be. A solicitor might charge £130–£500. But online services have changed the landscape. CheapWills charges £9.99 for a legally valid will. It takes 10 minutes. The "expensive and complicated" excuse no longer holds.
How to Fix This Right Now
Making a will is one of the most important things you can do for the people you love. And it's never been easier or cheaper.
Here's what you need to do:
- Decide who you want to inherit your estate
- Choose guardians for any children under 18
- Name one or two executors
- Spend 10 minutes completing the CheapWills questionnaire
- Pay £9.99 and download your will
- Print it, sign it with two witnesses, store it safely
That's it. Your family is protected. Your partner inherits what you want them to. Your children are looked after by people you've chosen. Your wishes are legally binding.
You've spent £200 on a phone case. You've spent £50 on a meal. You've spent £15 on a streaming service you barely use. Spend £9.99 on the one thing that actually protects your family.
Make your will today for £9.99 — it takes 10 minutes.
Join the Waitlist — Wills from £9.99Frequently Asked Questions
What does "intestate" mean?
It means dying without a valid will. When someone dies intestate, their estate is distributed according to the fixed intestacy rules set by law, rather than according to their wishes.
Do unmarried partners really inherit nothing?
Under intestacy rules in England and Wales, yes. If you're not married or in a civil partnership, you have no automatic right to inherit from your partner's estate. This applies regardless of how long you've lived together.
What is "common law marriage"?
It doesn't exist in England and Wales. There's no legal recognition of unmarried cohabitation, no matter how long the relationship. The only way to secure inheritance rights for an unmarried partner is to make a will.
Can I contest intestacy?
You can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased. But this means going to court, which is expensive, uncertain, and stressful. Making a will avoids this entirely.
At what age do children inherit under intestacy?
18. There's no option to delay this under intestacy rules. With a will, you can specify any age — 21, 25, or older — and appoint trustees to manage the inheritance until then.
How much does it cost to make a will?
From £9.99 at CheapWills for a legally valid will using solicitor-approved templates. The median solicitor price is £130. See our full price comparison for all options.