Making a will in the UK: who inherits without one, unmarried partners and guardians for children

What happens if I die without a will in the UK?

If you die without a will in England or Wales, your estate is shared under the intestacy rules. They don't consider what you would have wanted – only marriage and blood relationships count.

Making a will lets you decide who inherits, who deals with your estate (your executor) and who looks after your children. Scotland and Northern Ireland have separate rules; this guide covers England and Wales.

Who inherits without a will?

If the person was married or in a civil partnership:

• no children – the spouse or civil partner inherits everything,
• with children – the spouse gets personal possessions, the first £322,000 and half of the rest; the children share the other half equally.

If there is no spouse, the estate passes to the first group on this list with someone living:

1. children (or grandchildren if a child has died),
2. parents,
3. full brothers and sisters (or their children),
4. half-brothers and half-sisters (or their children),
5. grandparents,
6. aunts and uncles (or their children),
7. half-aunts and half-uncles (or their children),
8. if there is no one – the Crown.

Children under 18 don't receive money straight away; it is held for them until they turn 18. In a will you can choose a later age, such as 21 or 25. Stepchildren who weren't adopted don't inherit under the rules. You can check your situation on gov.uk.

Unmarried couples – what does a partner inherit?

Under the rules – nothing. There is no "common law marriage" in England and Wales, so a partner you live with, even for many years and with children, is not an heir.

• Your home: if you own it as joint tenants, your share passes to your partner automatically. As tenants in common, your share goes into your estate and, without a will, not to your partner.
• A court claim: a partner who lived with you for at least 2 years before your death can claim under the Inheritance Act 1975 – but it's costly, slow and uncertain.
• Insurance and pensions: a life policy written in trust or a pension death benefit can go to your partner outside your will, if you nominate them.

Guardianship – who will look after your children?

In your will you can appoint a legal guardian for children under 18. If you don't and both parents die, a court decides who cares for them.

• The appointment takes effect when no parent with parental responsibility is still alive.
• An unmarried father has parental responsibility if, for example, he is named on the birth certificate (for births in England and Wales after 1 December 2003).
• You can name more than one person and a substitute. Speak to them first – a guardian can decline.
• Think about money too: a life policy in trust can help fund your children's upbringing.

Which kind of will?

• Single will – for one person.
• Mirror wills – two near-identical wills for a married or cohabiting couple, usually leaving everything to each other and then to the children.
• A will with a trust – for example a property protection trust, a right to live in the home for a partner, or a discretionary trust for a beneficiary who needs extra protection. Trusts are tailored to you.

Your will also names an executor, who finds and values your assets, pays debts and shares out what's left (the residuary estate). You can include funeral wishes too. Jointly owned assets held as joint tenants, and life policies or pensions in trust or with a nominated beneficiary, pass outside your will – so plan your will and your cover together.

When is a will valid?

Under the Wills Act 1837, a will in England and Wales is valid if the person making it is 18 or over, has mental capacity and makes it voluntarily; it is in writing and signed; and it is signed in front of two independent witnesses present at the same time. A witness can't be a beneficiary or married to one.

Other things to know

• Marriage revokes an earlier will in England and Wales.
• Property abroad may follow different rules – tell us about it.
• Review your will after big life changes: a new child, a house purchase, a separation.

Lasting Power of Attorney – who decides for you while you're alive?

A will works after death. A Lasting Power of Attorney (LPA) lets people you trust act for you if illness or an accident leaves you unable to decide for yourself. Without one, even your spouse can't automatically manage your money.

• Property and Financial Affairs LPA – bank accounts, bills, benefits, selling or buying a home.
• Health and Welfare LPA – medical treatment, care, choosing a care home.

Without an LPA your family must apply to the Court of Protection to become your deputy – usually a slow and costly process, during which access to your money can be frozen. You choose one or more attorneys aged 18+, plus replacements. An LPA must be registered with the Office of the Public Guardian; the fee is currently £92 per LPA. It's best done while you're well.

Making your will with Balltica Consulting

1. Fill in a short online form.
2. We meet on Zoom (about 90 minutes) to go through the details.
3. You check the draft and sign it in front of two witnesses.

We prepare wills in partnership with a specialist will-writing practice regulated by the Institute of Professional Willwriters. A professionally advised will costs £179 for one person or £249 for a couple, including telephone and video appointments to make sure your wishes are clearly understood and accurately recorded – a transparent fee with no hidden extras. For our mortgage and protection clients, we pay for the will. Wills with trusts are priced individually. We can also help with Lasting Powers of Attorney.