Most people know that they should make a will. However, recent figures suggest that around half of UK adults do not actually have one. It’s one of those tasks that’s left for another time—it makes it to the to-do list, but it hovers on the periphery in favour of other, more pressing life admin tasks that need taking care of first. Sound familiar?

But the thing is, if you don’t have a will, things can get messy fast, especially if you have complex family or personal situations. And the fallout of not having a will in place isn’t just a mild inconvenience for your family; things can spiral fast.

So let’s take a look at exactly what happens if you don’t have a will when you die.

Your Estate Doesn’t Automatically Go To Who You’d Expect

People assume that their partner, child or next of kin will automatically inherit everything, but this isn’t actually the case. In reality, without a will, your estate is divided according to strict intestacy rules, and they don’t pay much attention to modern family structures. Cohabiting partners, stepchildren, or even long-term companions can be left with nothing. The legal process follows a strict hierarchy, not emotion or logic.

What it looks like is that a distant relative potentially gets everything while the people you share your life with get sidelined. Sadly, this leads to families battling things out in court over who gets what. Working with experts like Harper Macleod means you can cement your wishes legally, so nothing is left to chance.

Delays, Paperwork, and Unnecessary Costs

Things take a lot longer when there is no will in place. Probate gets complicated because there’s no executor named to manage your affairs, meaning the court needs to appoint one. This process can take months, and the estate can’t be distributed until this is done.

While an executor is being appointed, assets may be frozen, bills may mount up, and even simple things like closing bank accounts become an ordeal. On top of this, families will likely need to cover funeral costs or bills out of pocket while they wait for legal permission to access funds. A properly written will will bypass this as it sets out exactly who handles what.

Children and Dependants Are Left In Limbo

If you have young children, the absence of a will can be devastating for them. Not only are they dealing with your loss from their life, but guardianship isn’t automatically assigned to the people you’d actually choose—the court decides based on its interpretation of the child’s best interests. And when your children need stability, they won’t get it. 

A will, however, does give you and your children peace of mind that the person you want to care for them is able to take custody of them so they’re protected.

Family Disputes

Lastly, one of the hardest outcomes of a death in a family isn’t always the legal side of things; it’s the emotional side. The thing is, when money, property or personal items are left open to interpretation, even the closest of families can turn on each other. Siblings fall out over fairness, old resentments surface and what started as confusion over who gets what turns into a permanent distance and irreversible fracture of relationships.