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What Happens to Your Family If You Don’t Have a Will?

  • rob3752
  • 4 days ago
  • 2 min read

Many people assume their assets will automatically go to their loved ones if they pass away - but in England and Wales, this is not always the case. If you die without a valid Will, the law decides who inherits your estate. This is known as the Rules of Intestacy, and they rarely reflect what most families would actually want.



Who Inherits If You Don’t Have a Will?

If you are married or in a civil partnership:

  • Your spouse does not automatically receive everything

  • Your estate may be split between your spouse and your children

  • This can create financial pressure for the surviving partner


If you are unmarried (even if you live together):

  • Your partner has no automatic legal right to inherit

  • This can mean losing your shared home or financial security


If you have children:


  • Assets are usually held in trust until age 18

  • No flexibility for earlier support (education, housing help, etc.)


The Hidden Risks Families Don’t Think About

Without a Will, you also lose control over:

✅ Who raises your children

✅ When children receive money

✅ Protecting property from future risks (divorce, bankruptcy, care fees)

✅ Funeral wishes

✅ Business interests

✅ Sentimental possessions


For many families, the biggest shock is discovering the law treats modern families very differently to what people expect.


Why Having a Will Is About More Than Money

A properly drafted Will can:

  • Protect your children’s future

  • Make life easier for your loved ones during an already difficult time

  • Reduce stress, delays and potential disputes

  • Help with inheritance tax planning

  • Allow you to include trusts for long-term protection


At Newlife Wills, we often meet families who assumed “everything will just go to my partner” - unfortunately, this isn’t always how it works.


Peace of Mind Starts With a Conversation

Putting a Will in place isn’t about expecting the worst, it’s about making sure your family is protected, whatever happens.


At Newlife Wills, we offer clear, friendly advice with no legal jargon, helping families across Kent put the right protection in place.


If you’d like to talk through your options, we’re here to help - 01843 269165

 
 
 

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