Life Without a Will: The Risks You Leave Behind

Created: 25 February 2026

We often support families dealing with the consequences of a death where no valid will exists. These cases are often more complex, costly, and more emotionally fraught than they need to be. What is most striking is that the difficulties rarely arise from unusual assets or large estates, but from the simple absence of clear instructions.

A will is not merely a document concerning the end of life. It’s a legal tool that delivers certainty, protects loved ones and ensures that your wishes are carried out. When it is missing, the law steps in, often in ways that can surprise and distress families.

What happens when someone dies without a will?

Dying without a will means dying intestate. In England and Wales, this provides a rigid set of statutory measures, the intestacy rules, which determine who inherits and in what order. These rules don’t consider personal relationships, intentions, or fairness. Unmarried partners, stepchildren, close friends, and carers may receive nothing, regardless of how long or significant the relationship was. From a solicitor’s perspective, many families are shocked to discover that the law’s definition of “family” does not reflect modern life.

Financial delay and administrative complexity

One of the immediate consequences of intestacy is delay. Without a will:

-There is no named executor -A suitable administrator must apply for Letters of Administration -Banks and institutions may freeze accounts

This process is often slower and more complex than applying for a Grant of Probate. Disputes can occur over who is entitled to act, particularly in blended or estranged families. In practice, this can leave surviving relatives struggling to access funds to pay mortgages, funeral costs, or other everyday expenses.

The rigid nature of the intestacy rules

The intestacy rules are prescriptive and inflexible. Depending on the estate’s value, this can lead to:

-A surviving spouse or civil partner receiving less than expected. -Children inherit outright at 18, regardless of maturity. -Assets are divided in a way that creates hardship or inequity.

From a solicitor’s perspective, we frequently see outcomes that the deceased would never have intended, but which cannot be altered without costly legal proceedings.

No provision for guardianship or vulnerable beneficiaries

A will is the only platform where parents with parental responsibility can appoint guardians for minor children. Without one, those decisions are left to the courts. Furthermore:

-There is no definitive mechanism to create trusts for young or vulnerable beneficiaries. -No ability to stagger inheritance or protect assets -No clarity around how funds should be managed

From experience, these gaps can lead to escalated family conflicts and long-term financial risk for children and dependents.

Increased risk of disputes and claims

Intestacy often creates fertile ground for disputes. Typical issues include:

-Conflict over who should administer the estate -Disagreements about entitlement and fairness -Claims under the Inheritance (Provision for Family and Dependants) Act 1975

From a solicitor’s perspective, these disputes are more likely and complex to resolve when the deceased’s wishes were never formally recorded.

Tax planning opportunities lost

Without a will, opportunities for inheritance tax planning are often missed. A will allows for:

-Strategic use of exemptions and reliefs -Trusts to protect assets -Greater control over how and when assets pass

Dying intestate can result in unnecessary tax liabilities, reducing the value of the estate for beneficiaries.

A loss of personal choice and control

One of the most profound consequences of not having a will is the loss of personal autonomy and control. A will allows you to decide:

-Who inherits your estate? -Who will administer it? -How your assets should be distributed

Without it, those decisions are made by statute rather than by you. The law imposes a one-size-fits-all solution on lives that are anything but.

A preventable source of difficulty

From a solicitor’s perspective, the difficulties caused by intestacy are almost entirely preventable. Making a will:

-Be relatively straightforward and affordable -Can be updated as circumstances change -Provides clarity and reassurance to loved ones

It is not just for the elderly or the wealthy. Life is unpredictable, and a will is a fundamental part of responsible planning at any time.

In practice, we rarely see families emerge unscathed from an intestacy. Even when estates are modest and relationships are amicable, uncertainty and delay take their toll.

From our professional perspective, a will is not about anticipating the end of life. It is about protecting the people and principles that matter to you. Its absence leaves families navigating a legal framework that was never designed to reflect individual lives.

Having a will in place is one of the simplest and most effective ways to ensure that, when the time comes, your wishes, not default rules, shape what happens next.