What Happens to Your House If You Die Without a Will?

Most people assume that if they die, their home will simply go to their partner or children.

Sadly, that is often not true.

If you die without a Will in the UK, your property is not passed on according to what feels “fair” - it is passed on according to strict intestacy rules.

These rules can cause devastating outcomes for families, especially where people are unmarried, remarried, or have children from previous relationships.

Here is what really happens.

If You Are Married or in a Civil Partnership

If you own a home and die without a Will, your spouse or civil partner does not automatically inherit everything.

Under the intestacy rules:

• Your spouse receives the first £322,000 of your estate

• Plus half of what remains

• The rest goes to your children immediately

  
  

That means:

• Your children become legal co-owners of your home

• Even if they are minors

• Even if your partner still lives there

  
  

In practice, this can force a sale of the home to release money for the children - leaving your surviving partner at risk of losing the roof over their head.

If You Are Not Married

If you are living with your partner but not married or in a civil partnership, the result is even worse.

Your partner gets: Nothing.

Your house passes to:

• Your children, or

• Your parents, or

• Your siblings

  
  

Your partner may have to:

• Go to court

• Pay legal fees

• And fight your own family just to stay in their home.

  
  

Many lose everything.

If You Have Children from a Previous Relationship

This is where things often go terribly wrong.

Without a Will:

• Children inherit immediately

• Even if they are young

• Even if your partner still lives in the home

  
  

Your partner becomes a tenant in a house legally owned by your children and trustees appointed by the court can demand that the property is sold.

This is one of the most common reasons families end up in probate disputes.

If You Own Property with Someone Else

Even if you own your house jointly, your share does not always pass to who you expect.

Depending on how the property is owned:

• Your share may go to your partner

• Or it may go to your bloodline instead

  
  

Without a Will, you lose control.

The Simple Truth

If you don’t have a Will, you don’t decide who gets your home.

The law does.

And the law does not understand:

• blended families

• long-term partners

• vulnerable children

• or what you would have wanted

  
  

How Newlife Wills Protects Your Home

With a professionally written Will:

• You choose who lives in your home

• You choose who inherits it

• You can protect it from being sold

• You can protect it from care fees

• You can ensure your children are provided for without losing the roof over their heads

  
  

Your home is usually your biggest asset, and for your family, it is everything.

Don’t Leave It to Chance

If you die without a Will, your house could go to the wrong people, be sold against your family’s wishes, or end up tied up in court for years.

A Will costs a few hundred pounds.

Getting it wrong can cost your family everything.

Get in touch with us on 01843 269165 to find out more