19-05-2025
What happens to your estate if you die without a will?
The National Wills Report shows that approximately 47% of UK adults, over 32 million people, do not have a will.
'Do I need a Will' searches in the UK have risen 23% in the last quarter, with 140K searches a month.
Louise Miller at Weightmans says: 'No one relishes the thought of writing a will, especially at a young age. However, having a will in place will give you the peace of mind and comfort that everything is in order, that you have done everything that you can for your loved ones. A will can help to mitigate potential disputes and ensure that your wishes are respected.
"If you are considering writing a will but are unsure where to begin, it is advisable to seek professional legal guidance. Doing so will ensure your wishes are clearly set out and that your loved ones are protected in the future.'
Here's a quick guide to the main questions people ask when writing their will.
1. What happens if I don't have a will?
If you die without a will, the distribution of your estate (your personal possessions, money, and property) will be dealt with under the rules of intestacy (a set of legal rules which dictate who will benefit).
Beware though, the intestacy rules are rigid and may not reflect your wishes. for example, they make no provision for unmarried partners. The intestacy rules also govern who is entitled to deal with the administration of your estate.
In the case surrounding Liam Payne, it is reported that his former partner and the mother of his son, Cheryl Tweedy, has been appointed administrator, alongside top music lawyer Richard Bray, to manage his £24 million estate. This legally grants her access to his property, finances, and personal possessions. It is likely that the assets and funds will be held in a trust for his son until he is of adult age.
Due to British laws of intestacy, which govern the affairs of those who die without a will, a deceased person's estate is usually passed on to their lawful spouse or their nearest blood relative.
2. Will my estate automatically pass to my spouse or partner?
Even if you are married, your spouse is not necessarily entitled to benefit from your whole estate on your death. The intestacy rules are constantly subject to change, and the outcomes of dying without a Will can be surprising and often unjust. Making a Will is the only way to ensure your loved ones are provided for in accordance with your wishes.
In Scotland, where there is no will or the estate is only partly disposed of by will then the rules of intestacy apply.
From 2024 the spouse or civil partner is entitled to the whole estate if the deceased is not survived by children or grandchildren. If there are children then they will be entitled to the residue of the estate after payment of any prior and legal rights to the spouse or civil partner. There's more information on that here.
The rules are slightly different in England, Wales and Northern Ireland.
But wherever you live, making a will is the only way to ensure your estate passes to your chosen beneficiaries. It also enables you to choose your executors, appoint guardians for young children, include cash gifts or gifts of specific items, and detail your funeral wishes.
It may be appropriate to include a trust structure in your will to offer a degree of protection for your chosen beneficiaries or to allow flexibility for future generations to use the trusts for their own wealth/tax planning.
Liam's partner at the time of his death, Kate Cassidy, may receive none of his fortune. Without a valid will, she has no legal entitlement to any part of his estate.
3. Who are the executors of my will?
Your will allows you to choose who will act as your executor(s), the individuals responsible for administering your estate and ensuring that your wishes are followed.
Selecting capable and trustworthy executors is essential to help streamline the probate process and reduce the risk of disputes among beneficiaries.
Acting as an executor is an important and often time-consuming role, carrying personal liability for any errors or losses during the administration of the estate. Some people choose to appoint a professional executor to ensure that their estate is managed efficiently and in full compliance with legal requirements, but there are fees for doing this.
Recommended reading:
4. How often should I review my will?
As your personal and/or financial circumstances change, you should consider updating your Will. Examples include:
Marriage will automatically revoke any Will you had in place previously.
Change in family circumstances, for example, having children or grandchildren.
Divorce
Significant changes in your financial situation
It's recommended you look over your will every three years to assess whether there have been any changes to the law or tax allowances which could affect your will.
