The risks of not writing a Will

A significant proportion of people in the UK still do not have a Will. Recent figures from the Money and Pension Service suggest that somewhere between 47 per cent and 59per cent of adults have not made one, with some reports putting the figure closer to two thirds of the UK’s population.

That equates to tens of millions of people leaving their affairs to the complexity of the intestacy rules, which can breed conflict and confusion in bereaving families.

Without a Will, your estate is not distributed according to your wishes, but according to these strict legal rules that may not reflect your personal or family circumstances at all.

What does it mean to die intestate?

If you die without a valid Will in England and Wales, you are said to have died intestate.

This simply means there is no legally recognised document setting out who should inherit your estate or who should deal with your affairs.

In these circumstances, the law steps in and applies a default set of intestacy rules, as set out in the Inheritance and Trustees’ Powers Act 2014.

These rules apply regardless of how close you were to certain people, how long you lived together or your personal wishes.

In broad terms:

A surviving spouse or civil partner will receive all personal possessions and up to £320,000 of the estate.
Anything above that figure is split, with half going outright to the surviving spouse or civil partner and the other half shared equally between the children.
If a child has already died, their share passes to their children.

There are several important variations on this:

If you are married or in a civil partnership and have no children, your spouse or civil partner inherits everything.
If you are unmarried but have children, they inherit the estate equally once they reach eighteen.
If you are unmarried with no children, the estate passes through a fixed order of relatives, starting with parents and moving through siblings, grandparents and wider family.
If no eligible relatives can be found, the entire estate passes to the Crown.

These rules are rigid and can produce outcomes that surprise families, particularly where relationships are complex.

Cohabiting partners are not protected

One of the biggest misconceptions is that a long-term partner will automatically inherit.

In England and Wales, cohabiting couples have no automatic right to inherit if there is no Will, regardless of how long they lived together.

A surviving partner may be able to bring a financial claim if they can prove dependency, but this is often stressful and costly.

Writing a Will is the simplest way to avoid putting a partner in that position.

What if you are married but still do not have a Will?

Even for married couples or those in civil partnerships, dying without a Will can cause problems.

The statutory limits may mean that a surviving spouse does not receive the whole estate, particularly where there are children from previous relationships.

This can result in assets being tied up, family homes needing to be sold or disputes arising at an already difficult time.

Invalid wills and unintended consequences

A Will that is not properly drafted or executed can be just as problematic as having no Will at all.

In England and Wales, a Will must be signed and witnessed by two independent adults who are not beneficiaries.

The will may be declared invalid and the intestacy rules will apply instead if these steps aren’t taken.

Dealing with bank accounts and assets without a Will

When someone dies without a will, there is no executor appointed. Instead, a suitable person must apply for letters of administration, which gives them authority to deal with the estate.

This process can take longer and be more complex. During this time, bank accounts are frozen, assets must be valued and detailed paperwork is required.

Delays are common and mistakes can expose administrators to personal liability and conflict with those who feel that they should be benefitting from the estate.

Professional advice is often essential to ensure assets are dealt with correctly and in line with the law.

The problem with relying on ‘next of kin’

The term next of kin is often misunderstood. It has no specific legal meaning in the UK when it comes to inheritance.

Who takes responsibility and who inherits, is governed by statute rather than informal labels.

Children, parents or spouses may be treated very differently under the intestacy rules than families expect, particularly where relationships are strained or undocumented.

Protecting your family’s future

Writing a will is not just about money, it is about peace of mind. A Will allows you to:

Decide who inherits and in what proportions
Provide for a spouse, partner, children or other dependants
Appoint guardians for young children
Leave gifts to friends or charities
Potentially reduce exposure to Inheritance Tax through proper planning

Without a Will, your loved ones may face unnecessary uncertainty, delay and expense at an already difficult time.

Given how many people still die without one, the risks of not writing a Will are often underestimated.

Taking advice and putting a Will in place is one of the simplest ways to protect those you care about and ensure your wishes are respected.

If you would like to find out more about writing a Will and securing peace of mind for you and your family, professional advice can help ensure everything is dealt with properly.

About the author

Meadows Ryan