What happens with no will: intestacy, plainly

Die without a will and a statutory formula — not your intentions — distributes everything. The headlines people don't expect: unmarried partners inherit nothing automatically, however long the relationship; spouses don't necessarily get everything when there are children; stepchildren aren't included unless adopted; and the formula has no concept of estrangement, need or promises made. Intestacy also decides who administers the estate and can leave guardianship of children to the courts' judgement rather than yours.

What a will actually controls — and what it doesn't

  • It controls: who gets what, who executes the estate, guardians for children, funeral wishes, and the structures (like trusts for young beneficiaries) your estate uses.
  • It doesn't control: most pension death benefits — those follow your scheme's expression of wish form, not your will (and currently sit largely outside the estate; rules change from 2027 — see IHT basics). Jointly-owned property held as joint tenants passes automatically to the survivor. Life policies written in trust pay outside the will too.

That split is why "I have a will" isn't the end of estate admin: the will, the pension nominations and the ownership structures have to agree with each other.

Lasting powers of attorney: the document people get wrong

An LPA appoints someone you trust to act if you lose capacity — property & financial affairs and health & welfare are separate documents. The misunderstanding that matters: without one, your family cannot simply step in. They face the Court of Protection deputyship process — slow, expensive, ongoing supervision — while bills need paying now. LPAs only work if made before they're needed, which is why "I'll do it when I'm older" is precisely backwards. Register with the Office of the Public Guardian (£82 per document; reductions available) and they sit dormant until needed.

What it costs

Wills: simple solicitor-drafted wills commonly run £150–£300 (couples' mirror wills a bit more); complex estates cost more and earn it. Free routes exist: many charities' Free Wills Month schemes and union/employer benefits. Online will services suit genuinely simple situations — blended families, business assets or anything contested-feeling deserve a human professional. LPAs: £82 registration each; doing the forms yourself on GOV.UK is free and feasible, solicitor help typically £200–£500.

Keeping them alive

  • Marriage revokes a will in England and Wales (unless made in contemplation of it); divorce edits one by law. Big life events = review.
  • Tell people where things are: executors who can't find the will, the passwords or the pension list do a slower, costlier job. A one-page "where everything is" letter is a gift.
  • Match the nominations: review pension expression-of-wish forms and life-policy trusts at the same time as the will — they move more money than the will in many estates.
  • Review every five years or on any major change: births, deaths, divorces, house moves, business sales.

Common questions

Do I need a solicitor to make a will?
Legally, no — a correctly signed and witnessed homemade will is valid. Practically, the failure modes (witnessing errors, ambiguity, missed assets, unintended revocation) surface only after you can't fix them. Simple estate, simple family: a reputable online or charity service is reasonable. Anything else: a few hundred pounds of professional drafting is cheap insurance.
What's the difference between an executor and an attorney?
An attorney (under an LPA) acts for you while you're alive but lack capacity; an executor administers your estate after death. The LPA dies with you; the will takes over. Many people appoint the same trusted person to both roles — they're still different jobs under different rules.
Does a will avoid inheritance tax?
A will directs who inherits; it doesn't by itself change the tax. But will structure interacts with the reliefs — spouse exemptions, the residence nil-rate band's "direct descendants" condition, charitable legacies that cut the rate — so wills and IHT planning are usually drafted together. See inheritance tax basics.

Sources and further reading

GOV.UK — make a will · GOV.UK — lasting powers of attorney · MoneyHelper — wills and estate planning · Citizens Advice — wills

About this guide: general education only — not regulated advice, legal advice or a personal recommendation, and FinancialAdvisor.co.uk is not an FCA-authorised firm. Rules change and depend on circumstances. For decisions, consult an FCA-authorised adviser and, where relevant, a solicitor.