Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
Making a will is one of those things that most people know they should do but continue to put off. It can feel like an uncomfortable subject, and many people assume that if they die their assets will pass automatically to the people they would have chosen. In some cases that assumption is correct, but in many others it is not, and the consequences of dying without a valid will can be significantly more complicated and distressing for the people left behind than most people appreciate.
What Happens If You Die Without a Will
If you die without a valid will, you are said to have died intestate. Your estate is then distributed according to the intestacy rules set out in the Administration of Estates Act 1925 as amended, rather than according to your own wishes. The intestacy rules follow a fixed order of priority among relatives, and they can produce results that are very different from what you might have intended.
If you are married or in a civil partnership and have children, your spouse or civil partner does not automatically inherit everything. Under the current rules, your spouse receives all your personal possessions, the first £322,000 of your estate, and half of anything above that threshold. The remaining half passes to your children. If your estate is relatively modest this may work out as you intended, but if you own a family home jointly as tenants in common, the position becomes considerably more complex.
If you are not married to your partner, however long you have lived together, they inherit nothing under the intestacy rules. Cohabiting couples have no automatic inheritance rights regardless of the length of their relationship or whether they have children together. This is one of the most common and serious misconceptions about inheritance law in England, and it is the reason why making a will is particularly important for cohabiting couples.
If you have no surviving spouse, civil partner, children, grandchildren, parents, siblings, or other specified relatives, your estate passes to the Crown under the doctrine of bona vacantia. This means the Government takes everything, regardless of any friends, stepchildren, or unmarried partners who might have expected to benefit.
What a Will Allows You to Do
A will gives you control over what happens to your estate after your death. You can leave specific assets to specific people. You can make gifts to charities. You can set up trusts for children or grandchildren who are too young to manage money themselves. You can specify at what age young beneficiaries should receive their inheritance. You can appoint guardians for minor children, which is one of the most important functions of a will for parents of young families.
A will also allows you to appoint the executors who will be responsible for administering your estate. Without a will, the people who take on this role are determined by the intestacy rules rather than by your own choice, which may not result in the people best placed to deal with your affairs being appointed.
Common Misconceptions
A number of misconceptions about wills are worth addressing directly. The first is that wills are only for older people or for those with significant wealth. This is not the case. A will is relevant to anyone who owns any assets, has a partner or children, or has specific wishes about what should happen after their death. The second is that making a will is expensive or complicated. In straightforward cases, having a solicitor prepare a will is relatively inexpensive and the process is not onerous. The third is that a homemade will is adequate. While it is legally possible to write your own will, the technical requirements for a valid will are precise, and a homemade will that does not meet them is invalid, which can cause significant problems.
If you do not have a will, or if your existing will has not been reviewed for several years or following a significant life event such as marriage, divorce, the birth of a child, or a substantial change in your financial circumstances, it is worth taking the time to put this right. Our lifetime planning team at Cramp and Mullaney can help you put in place a will that accurately reflects your wishes and is legally valid.
If you would like advice on making a will, lasting power of attorney, or any aspect of estate planning in East Sussex, Cramp & Mullaney LLP would be happy to help. We advise individuals and families across Eastbourne, Battle, Hastings, Bexhill, Lewes and the surrounding area from our offices at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and 42A High Street, Battle, East Sussex, TN33 0EA. Call our Eastbourne office on 01323 720581 or Battle on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
