What happens when there’s no will

We regularly ask our existing and prospect clients if they have a will in place. If the answer is “no” the conversation will no doubt lead to talk of the Intestacy Rules.

This is the law that determines how the deceased’s estate is dealt with in the absence of a will, and are not always as people expect.

For example, a married couple with children may assume that everything passes to the surviving spouse or civil partner. In fact, it would be dealt with as follows; they receive a statutory legacy of £250,000 (index linked), any personal chattels, and one half of the residue of the estate outright.

The other half is inherited in equal shares by the children once they reach 18. If any children have already died, then their children will inherit in their parent’s place, again at 18.

For unmarried individuals with no children, the estate is distributed to relatives (there is a strict order of precedence). This may not be as intended if there is a long-term partner.

For those unmarried with no living relatives, the entire estate will go to the crown.

A will is vitally important where Intestacy Rules do not follow what an individual has in mind. You may also consider leaving decisions to nominated trustees who will allocate property in a fair and tax-efficient way, usually guided by a (non-binding) letter of wishes.

A will can also provide for grandchildren, present and future, and avoid at least one charge to IHT.

A will, once in place, should be regularly reviewed, and lodged safely so that it can be readily retrieved after your death.

  • To read this feature in full and access further Lancashire business news, advice and analysis subscribe to Lancashire Business View magazine or join the LBV Hub from just £2.50 per month. Click here to subscribe now.

Enjoyed this? Read more from Martin Garry, McDade Roberts

Latest news

1

Architectural designer becomes youngest Civic Trust chair Nixie Edwards

Architectural designer becomes youngest Civic Trust chair

06 Nov 2026

2

Carousel tax fraudster loses £90m court appeal Arif Umarji Patel The Seized Ferrari Counterfeit Underwear Container With Counterfeit Clothes Inside 002

Carousel tax fraudster loses £90m court appeal

05 Nov 2026

3

Combined authority takes control of £45m adult skills fund Welding Bootcamp Learners In A Practical Lesson At Lancaster And Morecambe College

Combined authority takes control of £45m adult skills fund

05 Nov 2026

4

Legal View: Finding the right separation route Amy Harris Feat Img

Legal View: Finding the right separation route

05 Nov 2026

5

Panache Cruises in triple appointment Panachecruises

Panache Cruises in triple appointment

05 Nov 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Ai in business: protect, innovate & grow
Door4 Forbes 12 Nov 2026

Ai in business: protect, innovate & grow

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Lancaster District Business Support Expo
Lancaster And Morecambe Logo 1 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin