More people are dying without a will – here’s what you need to know

Dying without a will – known as dying intestate – means you won’t have a say in what happens to your money, property and possessions. It can also make dealing with your estate more complicated and stressful for your loved ones.

Yet the number of intestacy cases in England and Wales is rising sharply, according to the latest figures from HM Courts & Tribunals Service (HMCTS).

This comes as new research from Lloyds Bank shows that six in 10 people still haven’t made a will, even though most recognise how important it is to have one.

Here, Which? explains what happens if you die without a will and the options available to get one written – whatever your budget.

Intestacy cases on the rise

Intestacy cases have been increasing, according to the latest figures from HMCTS.

In 2024, the court issued 51,258 letters of administration – the legal documents needed to manage an estate when someone dies without a will.

This marks a 40% increase compared with 2020 and is the highest number recorded since 2008.

The table below shows the number of letters of administration issued each year since 2020.

What happens to your estate if you die without a will?

A third of people assume that their estate will automatically pass to their loved ones when they die, according to research commissioned by financial services provider Canada Life earlier this year.

But if you die without a will, your estate may not necessarily be passed on as you'd have hoped – or to those who need it most.

Intestacy rules set out who inherits your estate based on family connections, with a strict order of priority. Generally, a spouse or civil partner will inherit most of your estate, but unmarried partners aren’t entitled to anything. Children and then grandchildren tend to come next.

Earlier this year, it was reported that former One Direction singer Liam Payne died without a will, meaning his £24m estate will pass entirely to his son Bear under intestacy rules.

In Scotland, the process differs slightly. A surviving spouse or civil partner is entitled to ‘prior rights’, including a share in the home, household contents and part of any cash assets. After that, ‘legal rights’ give spouses and children a share of the remaining movable estate. Anything left is then shared out among other relatives under the Succession (Scotland) Act.

• Find out more: intestacy rules: who inherits if there is no will?

Who manages your affairs if you die without a will?

When you write a will, you choose an executor to manage your affairs and distribute your assets when you die.

But if you die intestate, someone will need to apply to be an administrator of your estate. This is usually a close relative or friend. 

Executors and administrators have similar roles, but there are some differences. For instance, an administrator must apply for letters of administration rather than probate to distribute your assets.

This process can take longer. In the first quarter of 2025, applications for letters of administration took an average of 8.7 weeks to process, compared with 5.2 weeks for probate, according to the latest HMCTS figures.

• Find out more: what to put in your will

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3 ways to write a will 

Writing a will is the best way to make sure your assets are passed on in line with your wishes.

You can choose to write your own will, but you might want to get professional help to ensure it’s legally binding, or if your estate is complicated. There are plenty of options, depending on your budget and how much support you require.

1. Write your own will

Writing your own will is the cheapest option. There’s no set format, but there are rules to follow to make it legally binding.

For a will to be valid, it needs to be witnessed and signed by two independent adults (or one, if you live in Scotland). Witnesses can’t be named as beneficiaries in your will.

When writing your will, you should include how you wish to distribute your assets, who you’d like to act as executor and any wishes you have for your funeral. 

While DIY wills are free, it’s easy to make mistakes that could invalidate them or cause confusion. Getting professional advice can give you confidence that your loved ones will inherit as you intend.

• Find out more: how to get a free will

2. Use a will-writing service 

Will-writing services guide you through the process and usually check your will to ensure it’s valid. Prices typically start from around £100.

These services suit people who want professional support but don’t want to pay full solicitor fees.

However, will writers aren’t regulated, so it’s important to choose a service recognised by a regulated body or supervised by a solicitor.

For example, the team at Which? Wills are professionally trained in wills and power of attorney, and are supervised by a solicitor regulated by the Solicitors Regulation Authority.

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Get 50% off wills with Which?. You can even get it reviewed by our specialists to make sure it’s completed correctly. Offer ends 31 July 2025.

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3. Use a solicitor

If you have a large or complex estate, you may want to hire a solicitor to write your will.

They can advise on issues such as inheritance tax or assets subject to complex rules, such as overseas property. After discussing your plans, they’ll write your will and usually store it for free.

Costs vary depending on complexity, but you can expect to pay from around £500 for a simple will.

If you’re over 55, Free Wills Month runs in March and October. Participating solicitors will write a simple will for you at no cost.

Does your current will need updating?

Many people think writing a will is a one-off task. In fact, a quarter of people believe this, according to Canada Life.

However, life changes such as marriage or divorce can automatically invalidate your will. It’s important to review it regularly, especially after major life events, to check it’s still valid.

You should also store your will securely, for example with your solicitor or in a safe place at home. A lost or damaged will could mean your estate isn’t passed on as you intended.

• Find out more: 6 mistakes that could invalidate your will