The number of people that are dying intestate is huge. In 2018 it was recorded that over half the population of the UK (60%!) die without making a will, meaning that the courts will decide how your belongings and assets and distributed. This can sometimes lead to confusion and disagreements after you’re gone, which is the last thing morning families and friends need at a difficult time.

Here we look at 3 scenarios in which intestacy could affect how your possessions are inherited by your closest relationships if you die without a will.

If you’re married

If you are married but die intestate, then your estate (sum of your assets) will be inherited entirely by your surviving husband/wife, as to be expected. However, this only applies if the property in question is owned by you both as a marital property. If you own a separate property on your own, this will be split between your surviving spouse, your siblings and your parents if you die without a will.

If you’re married and have children with your current partner then your spouse will inherit your entire estate but if you have children with another spouse or partner, your surviving spouse will only receive up to half of your entire state.

We understand at St Helens Law that this information can seem overwhelming at first, which is why we are on hand to help you make sense of our will services in St Helens. Be sure to get in touch with us today.

If you live with your partner but are not married

This scenario is one that can prove most costly if you die intestate. As the law only recognises relatives (including husband and wife), unmarried couples would not inherit the property of their partner when they pass away without leaving a will. This leaves the property of the decedent to be distributed amongst relatives, leaving their partner with nothing.

This is why it is important to create a will as early as you feel necessary, and if you feel like you and your partner will get married in the future but have not as yet, it could be useful to include them in your will. This is so if the worst happens, they are covered, and their future is secure. Use our will writing service in St Helens to help you get started in producing this vital document.

If you’re single

If you’re single and have no children, your entire estate will be inherited by your parents if you are still living. However, if this is not the case then your siblings and half siblings will inherit your belongings as well as a surviving parent if this is applicable. However if you have no surviving parents, siblings or nieces and nephews then your estate will usefully go to the relatives on your mother and fathers estate in two equal shares.

Contact us

To avoid the potential complications of dying intestate, it is easy to contact an expert from St Helens Law for advice and assistance on writing a will in St Helens.

Our team have man years of experience in the field and will be able to help you make a will that you are happy and at ease with. Arrange a FREE 30 minute consultation with one of our solicitors today by giving us a call on 01744 742360 or emailing us at You can also fill out our online enquiry form now and we will get back to you as soon as we can.