Where someone dies without leaving a valid Will, they are said to have died "Intestate”.

In these circumstances certain rules (called the "Rules of Intestacy" ) apply to govern what happens to their property and who will have to power to administer the deceased's estate. You can see at "Who gets what?" what happens to the deceased's property, and you can see at "Who can act?" who is allowed to deal with the deceased's property. Absence of a will can also impact on what happens to young children in the family - see "Intestacy and young children" below.

As you will see, this may lead to someone that you do not want administering everything for you, and to your property going to someone that you don't want it to go to. Far better to have a will in place that makes sure all these areas are covered - see the Wills section of this website! By having a proper will drawn up you can also decide who will look after your children, deal with your estate, and who will benefit from your assets.

All too often it is assumed that for example your spouse will "get everything”, but as you can see, this may not be the case. If you do not make a will and your spouse is not adequately provided for by the share they will get - as set out above - you are leaving huge problems for them.

Moreover, where an estate is divided up according to the intestacy rules rather than according to a will, various people who get nothing or who do not get enough - eg your spouse - as a result of those rules, might be left with no option but to challenge the entitlement of others by bringing legal action. Again, such disputes are something you might prefer to avoid. Even if you have absolutely no family, do you really want all your assets to go to the Crown? At least by making a will you can direct that all your assets go to a charity of your choosing.

We hope you can see from all of this what happens if you do not have a will. We look at this further in other parts of this site - for example "Should I have a Will?” and "Getting all your affairs in order”.

Our large Wills and Trusts team would be delighted to hear from you if you would like to explore - free of charge and without obligation - how we might be able to help you. All you have to do is click on "Please Contact Me Now” or call us on 0845 567 5000.