What happens if you die without a will like 70% of Brits last year

Without a will, your estate follows automatic rules to inherit, and your spouse may not inherit everything. Similarly, children from a previous marriage may miss out.

By Milly Veitch, Deputy Editor & Commercial Content Hub, Mirror

Updated: 18:26, Mar 2025

A shockingly high proportion of Brits died without a will in 2025.
Last year, 70% of all people who died in the UK didn’t have a will, according to experts at Co-op Legal Services. This leaves control over their assets ended up potentially causing extra stress for their grieving family members.

Without a will, unmarried partners have no automatic right to inherit, and your spouse may not receive everything. Children from a previous marriage may miss out.

A person who dies without a will is known as ‘dying intestate’. In this case, some of their estate is left to the courts, who then decide who inherits according to certain rules.

There is a set of rules for how assets can pass between family members over generations and whether an estate gets split between spouses or children.

Do you know how the rules differ across the UK? Not many do so here’s a breakdown for you:

England & Wales

• Spouse inherits personal items, the first £322,000, and half of the remaining estate
• Children inherit the other half
• If no children, spouse inherits the entire estate

Scotland

• Spouse with children inherits the house (up to £473k), contents (up to £29k), £50k cash, and one-third of the remaining estate
• Children inherit the remaining share
• If no children, parents and siblings may inherit

Northern Ireland

• Spouse with one child inherits personal items, the first £270,000, and half of the remainder
• The child inherits the rest
• If more children, the estate is split between them

Often, the estate is shared between multiple relatives, which can lead to disputes.

Among those who say they have written a will, family is the most motivating factor. A Co-op survey found that around 43% of people want to protect their loved ones and ensure their wishes are followed.

If you do need to get a will, experts say it’s a great place to start. It can connect you with a professional who can ensure your wishes are clearly documented.

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