Intestacy cases (dying without a Will) have risen by 25 per cent over the last four years, according to a recent report in Today’s Wills and Probate.
The article revealed that 51,136 Grants of Letters of Administration (a legal document granting someone the right to manage and distribute the estate of a person who died without a valid Will) were issued across England and Wales in the 2023/24 financial year.
This was the highest volume seen in the last five years, up 17.3% on the previous year’s figures, and a 25% rise from 2020/21.
Dying intestate can have severe consequences. If you have people who depend on you financially and you intend to leave them gifts after you have died, they may get nothing if you haven’t made provision for them in a Will.
Solicitors for Wills
Perhaps the most high-profile intestacy case in recent months was One Direction star Liam Payne, who died aged 31 in October 2024 without making a Will.
Dying intestate meant that his £24.3m estate was distributed according to the intestacy rules, which saw his partner, other family members, close friends and loved ones, receive nothing.
Even a simple Will can provide certainty, clarity, and peace of mind.
In this article, our experienced Wills, Trusts and Probate solicitors consider why everyone needs a Will and what happens if you die without one.
What happens if you die intestate?
If someone dies without a Will (intestate), their assets (property, personal belongings and money) will be divided according to the laws of intestacy.
Under the rules of intestacy, if you’re married, your partner will inherit the first £322,000 of your estate and all your personal possessions.
Anything above that will be split in half, with one-half going to your spouse and one-half to your children in equal shares.
If you’re not married, intestacy rules state that inheritance will follow your bloodline, and your assets will be passed to your children, grandchildren, parents or siblings.
If no relatives can be found, your estate will pass to the Crown.
What are the problems if you die without a Will?
Dying without a Will can lead to several issues, including:
- No control over the distribution of assets. Without a Will your estate will be distributed according to the rules of intestacy which might not align with your wishes.
- Unmarried partners may miss out. Even if you have been with your partner for years and have children together, unmarried partners are not entitled to inherit under intestacy rules and may end up with nothing.
- Inadequate provision for dependants. As the law sets out who gets what, anyone who relies on your financially may not be adequately provided for, which could result in them experiencing financial difficulties.
- Delays in estate administration. The process of distributing an estate where there is no Will is more complex and time consuming.
- Higher administrative costs. Intestate estates incur more legal and administrative costs.
- Increased chance of legal disputes. There is a higher chance of family disagreements and legal challenges in cases where there is no Will.
My unmarried partner has died without a Will. What shall I do?
Unmarried partners and cohabiting couples have no automatic rights to inherit under the rules of intestacy.
However, surviving partners may be able to make a claim for financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975, provided you meet certain criteria.
Specialist legal advice is vital. If your partner or another loved one has died without a Will and you need to know your rights, speak to Langley Wellington.
Our experienced Wills solicitors will advise on the best way to proceed.
For more information about Will writing, or legal advice on intestacy claims, get in touch with Langley Wellington’s Will Writing lawyers in Cheltenham and Gloucester, by calling 01452 521286, emailing lawyers@langleywellington.co.uk or making an online enquiry.
How do I make a Will?
The only way to protect your loved ones and ensure your wishes are followed after your death is by making a Will.
If you have young children or are the guardian to a person under 18, a Will can also include information about who should look after them if anything happens to you.
It can be tempting to use an online template to write your Will, or do it yourself. However, the only way to ensure you are properly protected and that it is properly drafted is to get a solicitor to help.
A Wills solicitor or legal professional will ensure your Will complies with all the necessary formalities and is executed correctly, providing valuable peace of mind.
Will Writing Solicitors in Gloucester and Cheltenham
At Langley Wellington LLP, we have an experienced team providing comprehensive legal advice on Wills, Trusts and Probate matters.
We have a range of options available to ensure that you get the Will, and the advice, that suits your needs.
To speak with our Will Writing lawyers in Cheltenham and Gloucester, please call 01452 521286, email lawyers@langleywellington.co.uk or make an online enquiry.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
