10 March 2025
What Happens If You Die Without a Will?
What Happens If You Die Without a Will?
By BJ McKenna & Co Solicitors
Dying without a Will, known as dying intestate, can create uncertainty, legal complications, and unintended consequences for your loved ones. Without a Will, the law decides how your estate is distributed, which may not reflect your wishes.
At BJ McKenna Solicitors in Stockport, we help individuals protect their families by ensuring their assets are distributed as intended.
Who Inherits If You Die Without a Will?
When someone dies intestate, their estate is divided according to the rules of intestacy. Here's what that typically means:
• Married with children: Your spouse receives the first £322,000 of your estate, plus half of the remaining assets, with the rest going to your children.
• Married without children: Your spouse inherits everything.
• Single with children: Your children inherit everything, divided equally.
• Single without children: The estate goes to parents, siblings, or extended relatives.
If no relatives can be found, the estate passes to the Crown under Bona Vacantia rules.
These strict legal rules do not consider unmarried partners, stepchildren, or close friends, potentially leaving loved ones without inheritance.
The Risks of Dying Without a Will
Dying intestate can cause several challenges for your family, including:
• Family disputes: Relatives may disagree over inheritance, leading to legal battles.
• Delays and extra costs: The probate process can take longer and be more expensive without a clear Will.
• No say over guardianship: If you have young children, the court will decide who cares for them.
• Unintended beneficiaries: Assets may go to estranged relatives while those you care about receive nothing.
How to Avoid Intestate Succession
The only way to ensure your wishes are followed is by making a legally valid Will. This allows you to:
• Choose who inherits your estate and in what proportions
• Appoint guardians for minor children
• Minimise inheritance tax liabilities
• Ensure unmarried partners or stepchildren are provided for
Don't leave your estate to chance. At BJ McKenna Solicitors, we offer expert Will writing services tailored to your needs. Contact us today to secure your family's future.
📞 Call us on: 0161 432 4325
📧 Email us at: michaela@bjmckenna.co.uk