Dying without a will — known as dying intestate — can leave grieving families in financial limbo, with the state effectively deciding who inherits. In England and Wales, the intestacy rules dictate that only a spouse or civil partner and certain close relatives receive assets, often excluding unmarried partners, stepchildren or close friends. This can result in inheritance passing to distant relatives or, in rare cases, the Crown, rather than the people the deceased would have chosen.
For UK households, the financial implications are significant. Without a will, the estate must go through the full probate process, which can take months and incur legal fees that eat into the inheritance. The average cost of probate in the UK ranges from £200 to several thousand pounds, depending on complexity. Meanwhile, Inheritance Tax (IHT) at 40% applies to estates above the £325,000 nil-rate band — a threshold that has been frozen until 2028, dragging more families into the tax net as property prices rise.
The Bank of England’s current interest rate environment adds another layer. With the base rate at 5.25%, savings accounts are yielding better returns, but inheriting cash or assets without a will can delay access to those funds. Mortgage holders expecting an inheritance to pay down debt may face continued higher repayments while probate drags on. The FTSE 100 has remained relatively stable, but estate assets such as shares or property can fluctuate in value during extended probate periods, potentially reducing the final inheritance.
To protect your inheritance, experts recommend encouraging loved ones to make a will, even a simple one. A will allows you to appoint executors, specify guardians for children, and set up trusts to minimise IHT. For couples, using a ‘nil-rate band discretionary trust’ can help shelter up to £650,000 from tax. It is also vital to keep beneficiary nominations on pensions and life insurance policies up to date, as these often fall outside the will and can bypass probate entirely.
Financial advisers stress that DIY wills can be risky if not properly witnessed or if they contain ambiguous language. A solicitor-drafted will typically costs between £150 and £300 for a single person, or up to £500 for a couple — a small price compared with the potential legal battles or tax bills that can arise without one. For those who have already lost a loved one without a will, it is advisable to seek legal advice promptly to navigate the intestacy rules and apply for a ‘grant of letters of administration’.
Source: UK Government probate guidance, HM Revenue & Customs inheritance tax statistics, Law Society of England and Wales.