It’s something many people put off — but the reality is that dying without a will can create confusion, stress, and financial difficulties for the people you care about most. Every week, families across South Staffordshire and Wolverhampton find themselves facing complicated legal processes because a loved one passed away without leaving clear instructions.
If you haven’t made a will yet, it’s worth understanding exactly what happens when you die without one — and how easy it is to put that right.
What Does “Dying Intestate” Mean?
When someone dies without a valid will, they are said to have died intestate. This means that the law decides who inherits your estate — not you. The rules of intestacy are strict and take no account of your personal relationships, financial commitments, or wishes.
Under these rules, only married or civil partners and certain close relatives can inherit. Unmarried partners, stepchildren, friends, or carers are excluded completely.
For many local families, this comes as a shock. They assume that their assets would naturally pass to their closest loved ones. Sadly, that’s not always the case.
What Happens to Your Home, Savings and Possessions
If you’re married or in a civil partnership, your spouse will inherit only part of your estate — not necessarily all of it. For example, if you have children and your estate is worth more than £322,000, your spouse would inherit the first £322,000 plus half of anything over that amount. The remaining half would go to your children.
That might sound fair at first, but it can create real problems. If most of your wealth is tied up in your home, your spouse might be forced to sell the property to release funds to pay your children their share.
If you’re unmarried, the situation is even more serious. Your partner won’t automatically inherit anything. Your entire estate could instead go to distant relatives you haven’t spoken to in years — or even to the government if no next of kin can be found.
The Impact on Families
The legal process for dealing with someone’s estate is called probate. Without a will, this process becomes slower and more complicated. There’s often disagreement among family members about who should handle the estate or how it should be divided.
In Wolverhampton and South Staffordshire, Your Will Writers often see cases where the absence of a will has led to unnecessary family disputes, lasting for years. It’s heartbreaking to see families already coping with grief now struggling with paperwork, costs, and conflict — all of which could have been avoided with a simple will.
What About Children?
If you have children under 18, a will is the only way to say who should look after them if you die. Without a will, the courts decide who becomes their guardian. While they’ll try to act in the child’s best interests, they won’t know your wishes or your family dynamics as well as you do.
Naming guardians in your will ensures that your children are cared for by people you trust — and prevents disputes between relatives.
If you’re a single parent or in a blended family, this is even more crucial. Without a will, your partner may have no legal right to look after your children, even if they’ve raised them for years.
Unmarried Couples and Intestacy
Many couples across South Staffordshire live together without being married. Unfortunately, the law doesn’t recognise “common-law” partners, no matter how long you’ve been together.
If one partner dies without a will, the surviving partner may have to move out of their home or face financial hardship. They could also be excluded from important decisions about funeral arrangements or estate administration.
By writing a will, you can ensure that your partner is protected — giving them security and peace of mind should the worst happen.
Sideways Disinheritance and Second Marriages
Dying without a will can also lead to something known as sideways disinheritance. This happens when your estate passes to your spouse, who later remarries. If they die before their new partner, your children from your first marriage may receive nothing.
A professionally written will with a Property Protection Trust can prevent this. It ensures that your share of the home passes to your chosen beneficiaries — often your children — while still allowing your surviving spouse to continue living there.
How Dying Without a Will Affects Inheritance Tax
Without a will, there’s no opportunity to plan for tax efficiency. You lose the chance to structure your estate in a way that minimises inheritance tax and protects more of your wealth for your loved ones.
A professional will writer can help you make use of allowances and exemptions, ensuring that your estate is passed on as tax-efficiently as possible.
What If You Already Have a Will but It’s Outdated?
Having a will is an excellent first step, but it’s just as important to keep it up to date. Life changes — marriage, divorce, children, new property, or even moving house — can all affect the validity or relevance of your will.
If your will doesn’t reflect your current circumstances, parts of your estate could still be distributed under intestacy laws. Reviewing your will every few years ensures it continues to protect your family as intended.
Why Local Expertise Matters
Will writing isn’t just about filling in a form — it’s about understanding your personal circumstances and your community. Working with a local will writer means you can receive tailored advice based on your family situation, property ownership, and local inheritance trends.
Your Will Writers are based in Wolverhampton and serve families across South Staffordshire, Codsall, Perton, Wombourne, and the surrounding areas. With over 25 years of experience, we’ve helped countless families avoid the problems caused by intestacy.
We don’t just draft wills — we explain your options clearly, guide you through every step, and make sure your wishes are protected for the future.
Peace of Mind for You and Your Family
Writing a will isn’t just about legal documents — it’s about peace of mind. It’s knowing that, should the unexpected happen, your family won’t be left struggling with confusion and uncertainty.
A professionally written will gives you control, protects your loved ones, and prevents unnecessary complications. It’s one of the simplest yet most powerful steps you can take to secure your family’s future.
If you live in Wolverhampton, Codsall, or anywhere in South Staffordshire and haven’t yet made a will, now is the perfect time to do it. The process is easier, quicker, and more affordable than most people expect — and the peace of mind it brings is invaluable.
Your Will Writers
Tel: 07727 347377 or 01902 918223
Email: info@yourwillwriters.co.uk
Website: www.yourwillwriters.co.uk