What happens if you do not make a will?

There is no legal requirement to make a will, but the absence of one can lead to complications. If you die without a valid will, your estate, including property, money, and possessions, will be distributed according to the rules of intestacy. These rules do not take into account personal relationships or individual wishes, meaning long-term partners, stepchildren, or close friends may be excluded entirely.

Ensuring your wishes are carried out

A will is the most effective way to ensure that your intentions are carried out. It allows you to decide who inherits your estate, who will be responsible for managing it, and how you would like personal matters such as funeral arrangements or care for pets to be handled. This clarity can significantly ease the burden on those you leave behind.

Certainty and control through a professionally drafted will

Even if your estate appears straightforward, a professionally drafted will give you control and certainty. It ensures that your wishes are clearly recorded and legally recognised, and it can help prevent unnecessary delays, disputes, or emotional distress for your loved ones during the administration process.

Planning ahead where capacity is a concern

It is also important to be aware that only you can make or amend your will. Attorneys acting under a Lasting Power of Attorney cannot do this unless they apply to the Court of Protection. Where capacity is a concern, early planning is essential. Our experienced team can guide you through your options and advise on any court application that may be required.

The value of professional advice

By instructing a solicitor to prepare your will, you can be confident that it is valid, up-to-date, and tailored to your circumstances. It is a practical and important step that provides peace of mind and helps protect the people and causes that matter most to you.

This article was originally posted on 17 April 2019 and updated on 2 May 2025.