A June 2025 article by Today’s Wills & Probate revealed a 25% rise in people dying without a valid will between 2020/21 and 2023/24. If writing your will is something you haven’t tackled yet, it could mean your assets are distributed in a way that doesn’t align with your wishes.
If you die without a will, you are considered to have died “intestate”, and your assets are distributed according to intestacy rules. This could mean intended beneficiaries are disinherited.
How intestacy rules work
In Scotland, if you’re married or in a civil partnership and don’t have children, your partner would receive all your estate.
If you have children and a spouse or civil partner, who will receive your home will depend on how you hold the property.
If you and your partner own your home as beneficial joint tenants, your partner would automatically inherit your portion of the property when you pass away. However, if you are tenants in common, your share of the home would be distributed under intestacy rules.
Under intestacy rules, your partner would receive the first £473,000, household contents (up tp £29,000), up to £50,000 in cash, and a third of the rest of your estate. Your children would receive the other two-thirds, shared equally between them.
If you’re not married or in a civil partnership, your estate will usually go to the following people in this order:
- Children
- Parents
- Siblings
- Aunts and uncles
- Grandparents
- Great-aunts or great-uncles
If you pass away intestate and no surviving relatives are found, your estate would pass to the crown.
As a result, if you don’t have a will, some of your intended beneficiaries could receive nothing at all. For example, if you live with a long-term partner but aren’t married or in a civil partnership, they wouldn’t automatically inherit anything under intestacy rules.
In addition to your estate not being distributed in the way you want, dying intestate can make managing your estate more complex and potentially lead to delays. This may be stressful for loved ones and potentially place them in a vulnerable position if they rely on you for financial support.
Please note, the intestacy rules differ in England, Wales, and Northern Ireland.
1 in 3 people plan to write a will, but haven’t yet
Despite the importance of a will in ensuring your assets are distributed according to your wishes, a July 2025 article from Today’s Wills and Probate suggests that 1 in 3 people intend to write a will but haven’t yet. Worryingly, 1 in 5 say they have no intention of ever doing so.
As well as setting out how you want your assets to be distributed, there are other reasons for writing a will, including these six.
1. Make provisions for your children
If you’re a parent, you can use your will to name a guardian for your children. If you don’t take this step, the court will decide who will be responsible for your children, and it may not be the person you would have chosen.
You may also want to make financial provisions for caring for your children as part of your estate plan, such as leaving assets for their guardian or setting aside wealth that your children will receive once they reach adulthood.
2. State who you’d like to care for your pet
Legally, pets are classed as property in the UK. As a result, if you don’t nominate someone to care for your pets in your will, they’ll be considered part of your estate.
That could mean your beloved pet goes to someone you wouldn’t choose or doesn’t wish to take on the responsibility of their care. As well as naming a carer for them, you can use your will to leave money specifically for your pet’s care.
3. Name your executor
The executor will be responsible for ensuring that your estate is distributed according to the wishes you’ve set out in your will. So, it’s important to choose someone you trust and who is willing to take on the role.
You can choose one or more people to act as executor.
4. Make your funeral requests clear
Funeral requests in a will aren’t legally binding, but they can offer valuable guidance to your loved ones at a difficult time.
For example, you might use your will to state if you’d prefer a burial or cremation, list songs you’d like to be played during the service, or request that any donations be made to a particular charity.
5. Create a charitable legacy
As well as leaving assets to your loved ones, you might want to create a charitable legacy and support a good cause that’s close to your heart.
You can name a charity as a beneficiary and state what you’d like them to receive, such as a portion of your entire estate, certain assets, or a defined lump sum.
6. Consider Inheritance Tax
If your estate could be liable for Inheritance Tax (IHT), there are often steps you can take to reduce the potential bill, which might change how you want to pass on assets.
The nil-rate band in 2025/26 is £325,000. If the total value of your estate is below this threshold, no IHT will be due. Many estates can also use the residence nil-rate band, which is £175,000 in 2025/26, if your main home is left to direct descendants. So, stating in your will that you’d like your home to go to your children or grandchildren could reduce your estate’s IHT liability.
Depending on your circumstances, there may be other ways to use your will to reduce IHT, which tailored financial advice can help you assess.
Get in touch to talk about your legacy
If you’d like to discuss the legacy you’ll leave behind, please contact us. We can work with you to assess your assets, consider how to pass on wealth to beneficiaries, and offer support when writing your will.
Please note: This blog is for general information only and does not constitute financial advice, which should be based on your individual circumstances. The information is aimed at retail clients only.
The Financial Conduct Authority does not regulate will writing, estate planning, or Inheritance Tax planning.
