But the truth is, avoiding it doesn’t stop the inevitable, it just passes the problem on to the people you care about most.
At MAR Legal, we regularly speak with families who are dealing with the fallout of someone dying without a will. The law tries to step in with a process called intestacy, but it doesn’t always reflect what the person would have wanted. It can cause stress, delays, family disputes, and unnecessary expense.
This blog looks at real-life situations (based on true stories) to show what happens when people pass without a will—and how those problems could have been avoided.
What Happens If You Die Without a Will in the UK?
When someone dies without a valid will, they are said to die intestate. In England and Wales, this means their estate (money, property, possessions) is distributed under the rules of intestacy.
These rules follow a fixed order:
- Spouse or civil partner
- Children
- Grandchildren or great-grandchildren
- Parents
- Siblings
- Nieces and nephews
- Other relatives
If no living relatives can be found, everything goes to the Crown.
Importantly:
- Unmarried partners get nothing
- Stepchildren get nothing
- Friends and charities get nothing
- If your children are under 18, the court will decide who looks after their share
Now let’s look at what that means in practice.
Case 1: Jack and Sophie – Long-term Partners, No Will
Jack and Sophie had been together for 15 years. They owned a home together (in Jack’s name), had two children, and shared all their living costs. But they were never married.
When Jack died suddenly at age 42, he hadn’t made a will.
What happened:
Because they weren’t married and the house was in his name only, Sophie had no automatic right to inherit under intestacy rules. Jack’s estate went to their two young children—who couldn’t legally access it until they turned 18. Sophie had to apply to the court just to stay in the home and access funds to raise her children.
What could have been avoided:
If Jack had made a simple will leaving the house and savings to Sophie or setting up a trust for the children with Sophie as the trustee, none of this stress would have been necessary.
Case 2: Mrs Ahmed – No Updated Will After Remarriage
Mrs Ahmed made a will in her 40s, leaving everything to her two sons. Ten years later, she remarried. She never updated her will and sadly passed away not long after.
What happened:
Under UK law, marriage cancels a previous will unless it specifically says otherwise. Because of this, her original will was invalid. She died intestate, and her new husband inherited most of her estate under the intestacy rules. Her sons received far less than she had planned.
What could have been avoided:
Had Mrs Ahmed updated her will after remarrying, she could have protected her children’s inheritance while still providing for her new husband.
Case 3: Tony – Assumed Everything Would Go to His Wife
Tony and Rachel were married for 30 years. They owned their house together and had grown-up children. Tony passed away at 63 without making a will, assuming everything would automatically go to Rachel.
What happened:
Under intestacy rules, Rachel received the first £322,000 of Tony’s estate, plus half of the rest. The other half of the remaining estate had to be shared equally between their children. This caused a family dispute over ownership of investment property and savings.
What could have been avoided:
A will would have allowed Tony to clearly leave everything to Rachel, if that was his wish, or set up specific gifts to children later in life. Clarity would have saved a lot of emotional strain.
Case 4: Hannah – Estranged from Her Family
Hannah was single with no children. She had a brother she hadn’t spoken to in over 20 years. When she passed away unexpectedly at age 55, she had no will.
What happened:
The law required her estate to pass to her brother—the very person she wanted nothing to do with. Friends she’d spent her life with received nothing. Her wishes weren’t known or honoured because they were never written down.
What could have been avoided:
A will would have allowed Hannah to name her chosen beneficiaries—friends, charities, or even pets—and exclude people she didn’t want to benefit. Without it, the law made decisions for her.
The Common Theme: No Will, No Say
In all of these cases, people likely believed their wishes were obvious or assumed “it’ll sort itself out”. But UK law doesn’t guess intentions—it follows set rules. And those rules don’t reflect modern life, blended families, or personal preferences.
Without a will, you lose the ability to:
- Choose who inherits from you
- Decide who looks after your children
- Name an executor you trust
- Leave gifts to friends, stepchildren, or charities
- Make tax-efficient plans
- Prevent family disputes
How MAR Legal Can Help
At MAR Legal, we make will-writing simple, personal, and affordable. We take the time to understand your wishes and explain everything in plain English. Whether your situation is straightforward or more complex, we’ll make sure your will:
- Reflects your real intentions
- Protects your loved ones
- Complies with current UK law
- Helps minimise inheritance tax
- Avoids legal disputes after you’re gone
We also offer support with lasting powers of attorney and estate planning, so you can get everything sorted in one go.
It’s easy to put off making a will. But the cost of not having one—both emotionally and financially—can be huge for the people you leave behind.
These stories aren’t rare. They’re happening every day across the UK. The good news is, all of it is avoidable.
Don’t leave your loved ones guessing or fighting. Take control now and make sure your wishes are clear.
Contact MAR Legal today on 0161 491 3933 or email info@marlegal.co.uk to get started on your will. We’ll help you sort it—properly and painlessly.
This blog is for general information only and does not constitute legal advice. For personal guidance, please speak to MAR Legal directly.