What happens if you don’t have a Will?

Writing a Will might not be at the top of your to-do list, but have you ever thought about what would happen if you passed away without one?

Without a legally valid Will, your estate (everything you own) is distributed according to intestacy laws – which might not align with your wishes. It could mean loved ones missing out, unnecessary legal complications, and added stress for your family at an already difficult time.

Here’s what happens when you don’t have a Will, and why putting one in place is one of the most important things you can do to protect your loved ones.

The law decides who inherits your estate

If you die without a Will, intestacy laws determine who gets your money, property, and belongings. The rules follow a strict order, which may not reflect your personal relationships.

• If you’re married or in a civil partnership, your spouse may not automatically inherit everything – especially if you have children
• If you’re unmarried, your partner won’t receive anything, even if you’ve been together for years
• If you have children, your estate will be divided between them, but not necessarily in the way you would have chosen
• If you have no close family, your estate could go to distant relatives or even to the government

✅ Why it matters A Will puts you in control, ensuring your estate goes to the people you choose, rather than being dictated by strict legal rules.

Your unmarried partner could receive nothing

Many people assume that if they live with a partner but aren’t married, their partner will inherit something automatically. Unfortunately, that’s not the case under UK law.

Without a Will, only spouses and civil partners have an automatic right to inherit. Even if you’ve shared a home and built a life together, your partner won’t be entitled to anything unless you’ve made a legal Will stating otherwise.

✅ Why it matters If you want your partner to inherit, you must include them in a Will otherwise, they may be left with nothing.

Your children’s future may not be protected

If you have children, writing a Will ensures they are provided for in the way you want. Without one

• The courts will decide who becomes their legal guardian, which may not be who you would have chosen
• Their inheritance may be delayed or distributed in a way that doesn’t reflect your wishes

✅ Why it matters A Will lets you appoint guardians for your children and ensures their financial security.

4. Family disputes and legal challenges can arise

Without clear instructions in a Will, disagreements between family members can occur over who should inherit what. This can lead to stress, lengthy legal battles, and even family breakdowns.

✅ Why it matters A Will prevents misunderstandings, providing clarity and reducing the risk of disputes.

Your estate could take longer to settle

Dealing with a loved one’s estate is already difficult, but when there’s no Will in place, the process becomes even more complicated. Your loved ones may face

• Delays in accessing money and property due to legal processes
• Increased costs in probate and legal fees
• Emotional stress as they try to navigate intestacy laws

✅ Why it matters A Will makes life easier for your loved ones, helping them avoid unnecessary delays and expenses.

Your estate could go to the government

If you die without a Will and have no surviving family members who qualify under intestacy laws, your entire estate could pass to the government. This means everything you’ve worked for could be lost, rather than benefiting friends, charities, or causes you care about.

✅ Why it matters A Will ensures your assets go where you want them to, rather than being absorbed by the state.

You miss the chance to leave a lasting legacy

A Will isn’t just about money – it’s about making sure your values live on. Many people choose to leave a gift to charity in their Will, helping causes they care about continue their vital work for future generations.

At MS-UK, gifts left in Wills help us continue supporting people affected by multiple sclerosis (MS), providing trusted information, emotional support, and services that make a real difference. Even a small percentage of your estate could leave a lasting impact.

✅ Why it matters A Will allows you to support the people and causes that matter to you.

How to make your Will for free

If you don’t have a Will, now is the time to act—and it’s easier than you might think. MS-UK offers a free Will writing service through the National Free Wills Network, connecting you with trusted solicitors who can help you create a legally binding Will at no cost.

📩 Email Jill at jill@ms-uk.org, 📞 call 01206 226500 or click here to request your free Will writing pack today.