It is estimated that 50% - 60% of the UK population do not have a will. This is known as dying 'intestate'. 

If you die intestate your estate will be distributed in accordance with complex legal rules. The rules of intestacy may distribute your possessions in a way that is not tax efficient and may result in far more tax being paid than is necessary.

The rules of intestacy may not distribute your estate in the way you would choose, for example if you are not married or in a registered civil partnership, under intestacy your partner would not be provided for. If you have not made a Will the State will decide who will be the guardian for any of your minor children, again this decision is made following legal rules - not necessarily following your wishes.

Intestacy can cause problems for those you care about and can result in family disputes, stress and bitterness after your death.


A Will allows you to: 

• Dictate who receives your assets – in the absence of a valid will, the intestacy rules dictate how much your spouse or civil partner and wider family receive.

• Pass your estate to someone other than a spouse or civil partner who might otherwise inherit under the current intestacy rules. 

• State whom you wish to be the guardians of your children. 

• Make IHT-free legacies to charities and national institutions.

• Bequeath individual possessions to close friends or family members.

By not making a Will you give up your right to make choices and plan how to help those you care about.

People don’t like to think about Wills, however here are some points everyone should give some thought to...

Without a Will your estate will be distributed according to the statutory intestacy rules. Contrary to common beliefs this will not necessary result in everything being left to your spouse.

It is rare for intestacy provisions to distribute the estate as you would like...

A Will lays out what is to happen after your death, providing support and guidance to your loved ones - at a time when they need it most. Making a Will means the legal process after your death will be easier (and therefore less expensive), and less painful for your loved ones. It also reduces the likelihood of disputes or "in-fighting" between family members.

Without a will you have no control over who will inherit what. On death, who inherits what will depend on which of your relatives is alive at your death and how large your estate is.

Married spouses may not receive everything - and may be left in financial difficulty.

Unmarried partners, Charities, friends and step-children will receive nothing unless you have written a Will.

Making a Will enables you to name the beneficiaries of your estate (including charities and friends if you so wish), and you can take control over what happens after your death.

Without a Will you have no control over who looks after minor children should anything happen to you. The courts will appoint someone on your behalf.


Do you know how the courts decide on who will be your child’s guardian? If you do... Can you be certain that the courts will always follow their current approach?

Making a Will enables you to appoint guardians of your choice who will look after your children until they reach the age of eighteen

Without a Will your estate may have to pay an excessive amount of Inheritance Tax (IHT). A Will allows you to distribute your assets in such a way to minimise any IHT charges, or even eliminate them altogether so you won’t have to raid the piggy bank to appease the tax man.

If you don't make a Will then your family may have to employ professionals to sort out the mess that you leave behind. Their charges will reduce what is left to those you care about.