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Happy dying with no will. What am I missing?

74 replies

Hemlocked · 02/04/2025 12:29

I live alone in a mortgaged property, no kids. Is it ok to not have a will and just leave everything to my next of kin? I don't see the point in spending money writing a will if I'm happy with the laws of intestate. Is there any other reason why I would need one? Maybe I could leave my box of diaries/journals to a friend but only so that she could burn them for me. I suppose I need a will for that? Seems overkill.

OP posts:
JustMyView13 · 02/04/2025 13:22

If you die, and there’s no one else found for it to go to, are you sure you want it all returned to the state? I’d rather leave everything to the dogs home.

Ineedanewsofa · 02/04/2025 13:28

Many years ago I worked for a building society doing ‘death admin’ on accounts and as pp have stated in was a PITA for those left behind if when a person died intestate. I remember one case where they couldn’t be buried for 8 weeks(!) due to wrangling over releasing funds for the funeral (there was an amount solicitors could authorise without resolving the estate but that didn’t cover it and the relatives were skint/wouldn’t pay).
Do your relatives a favour and get a freebie template filled in

Gelatibon · 02/04/2025 13:29

JustMyView13 · 02/04/2025 13:22

If you die, and there’s no one else found for it to go to, are you sure you want it all returned to the state? I’d rather leave everything to the dogs home.

If I genuinely had no one in wanted to leave it to, I'd rather it went to the state than to most charities. I always think paying taxes is like giving to charity anyway.

JustMyView13 · 02/04/2025 13:30

Gelatibon · 02/04/2025 13:29

If I genuinely had no one in wanted to leave it to, I'd rather it went to the state than to most charities. I always think paying taxes is like giving to charity anyway.

That’s fair!

VeryQuaintIrene · 02/04/2025 13:43

Make the will! It's not hard and an absolute pain otherwise. My mum had made one (everything going to me as her only next of kin) but the bank lost it and it took literally years to sort out (they eventually did find it after about 2 years.)

brombatz · 02/04/2025 13:45

People do actually do that, leave their estate to the state. There's a proper way to do it, I think.

As someone with a relative who's just passed away intestate and who'll have to sort the estate, please get a will, it's just a total ballache not having one for the relatives.

Marlow Wills - lady is a well-respected MNetter does a no fuss one with no fuss over t'internet.

ohnowwhatcanitbe · 02/04/2025 13:57

Who is your next of kin, and how old are they? Should they predecease you, who would be next in line to be your next of kin?

SDTGisAnEvilWolefGenius · 02/04/2025 14:07

Why do you want to make things harder for your next of kin at the point where they are already dealing with being bereaved, @Hemlocked?

healthybychristmas · 02/04/2025 14:07

brombatz · 02/04/2025 13:45

People do actually do that, leave their estate to the state. There's a proper way to do it, I think.

As someone with a relative who's just passed away intestate and who'll have to sort the estate, please get a will, it's just a total ballache not having one for the relatives.

Marlow Wills - lady is a well-respected MNetter does a no fuss one with no fuss over t'internet.

I'm seconding Marlow Wills. They were brilliant when I wanted to write a will. The only thing I'd suggest in your situation is that I wouldn't tell those who will inherit until you're near to the end of your life as you might change your mind.

HaywardGrey · 02/04/2025 14:23

A relative died with no Will, siblings, partner or children. It was put in the hands of a Solicitor and it meant tracing relatives which was complicated as some were three generations on as the relative was old and a lot of relations had died. There were also remarriages, adoption and name changes. It wasn't a huge estate, a property and a few thousand pounds but it took nearly three years to sort out. Some of the beneficiaries didn't know the deceased or know of their existence. So much of this could have been avoided if there had been a Will.

Whycanineverthinkofone · 02/04/2025 14:32

Why are people saying it’s a ballache/nightmare etc ?

it’s absolutely no different. If you’re happy with the intestacy rules and who gets what the admin makes not a line bit of difference.

in fact no will can make it about easier and no family to come crawling out the woodwork and upsetting things.

will- apply for probate, gather assets, distribute according to will.

no will- apply for letters of administration, gather assets, distribute according to intestacy rules.

it’s almost exactly the same procedure. If your will is going to be the same as intestacy rules, no point spending money on one.

InveterateWineDrinker · 02/04/2025 14:33

Dying intestate is a dick move if it happens by accident, as it did with my DF.

To engineer it by design, as has also happened, is even worse and honestly it has changed the view I had about many people, not in a good way.

crazzynut · 02/04/2025 14:42

I have nothing to leave so i dont care.

CandidHedgehog · 02/04/2025 16:16

Tryingtokeepgoing · 02/04/2025 13:16

I'm not sure that under the rules of inestacy nieces and nephews do get anything. This flow chart indicates that absent any children, parents, sibilings, half siblings, grandparents or aunts/uncles then the estate ends up with the Crown.

www.boylettslaw.co.uk/rules-of-intestacy/

That chart is apparently wrong. The government website says nieces / nephews inherit if their parent is deceased.

https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/no/no/yes

The estate is shared equally between the brothers or sisters (not including any step-brothers, step-sisters, half-brothers or half-sisters).
If a brother or sister died before the deceased, their children (nieces and nephews of the deceased) will inherit in their place.
If any of these nieces or nephews died before the deceased, their children will inherit in their place and they are entitled to apply for probate.
If any brothers, sisters or their descendants died after the deceased, their share will become part of their own estate.

Applying for probate

Find out if you need to apply for probate to deal with the estate of someone who’s died. Discover how to apply for probate or letters of administration and what to do if there’s no will.

https://www.gov.uk/applying-for-probate/apply-for-probate

Whycanineverthinkofone · 02/04/2025 17:11

InveterateWineDrinker · 02/04/2025 14:33

Dying intestate is a dick move if it happens by accident, as it did with my DF.

To engineer it by design, as has also happened, is even worse and honestly it has changed the view I had about many people, not in a good way.

Dh is going to not leave a will. Intentionally.

i fully support it and agree it is the best choice.

he has adult children who don’t speak to him. Not through any fault of his own (i am saying that honestly- they had a very good relationship up until he called out a family member for domestic abuse and they took the abuser’s side).

anyway he doesn’t want to actively disinherit them, but neither does he want to leave them anything when they’ve acted appallingly.

so he will not leave a will. He doesn’t have much in the way of assets but we agree intestacy is the fairest way to not leave anyone out.

for me it will be easier as letters of administration, division of assets. I don’t have to worry about his kids challenging a will because they don’t think it’s fair.

it’s not a dick move if you’ve thought it through. Intestacy is no different to leaving a will, the rules are applied according to intestacy law instead of a will, which can be more straightforward.

verycloakanddaggers · 02/04/2025 17:14

It makes things much more difficult for your next of kin, I think it's not on to do that.

Make a will.

verycloakanddaggers · 02/04/2025 17:15

Whycanineverthinkofone · 02/04/2025 17:11

Dh is going to not leave a will. Intentionally.

i fully support it and agree it is the best choice.

he has adult children who don’t speak to him. Not through any fault of his own (i am saying that honestly- they had a very good relationship up until he called out a family member for domestic abuse and they took the abuser’s side).

anyway he doesn’t want to actively disinherit them, but neither does he want to leave them anything when they’ve acted appallingly.

so he will not leave a will. He doesn’t have much in the way of assets but we agree intestacy is the fairest way to not leave anyone out.

for me it will be easier as letters of administration, division of assets. I don’t have to worry about his kids challenging a will because they don’t think it’s fair.

it’s not a dick move if you’ve thought it through. Intestacy is no different to leaving a will, the rules are applied according to intestacy law instead of a will, which can be more straightforward.

Have you had legal advice? Without a will they would have more grounds to dispute.

Gelatibon · 02/04/2025 17:17

verycloakanddaggers · 02/04/2025 17:15

Have you had legal advice? Without a will they would have more grounds to dispute.

They won't, unless they're dependent, which it doesn't sound like they are, but also if the estate is over £322k they would inherit something under intestacy laws.

verycloakanddaggers · 02/04/2025 17:22

Gelatibon · 02/04/2025 17:17

They won't, unless they're dependent, which it doesn't sound like they are, but also if the estate is over £322k they would inherit something under intestacy laws.

How would a will make them more able to contest?

Gelatibon · 02/04/2025 17:24

verycloakanddaggers · 02/04/2025 17:22

How would a will make them more able to contest?

It won't. Adult children, unless they're dependents, wouldn't have any grounds to contest, with or without a will.

WhyDidIDiddle · 02/04/2025 17:30

@Hemlocked

Do you really have no preference as to what to do with your life's earnings?

For many people, a charitable donation in a will will be the biggest single act of public service they ever do. You could leave a sum of money to a charity that means something to you that could change peoples lives.

Educational bursarys at schools and universitys and higher education places (drama schools, art schools) might allow someone access to a profession that would change the course of their life forever -you could do that.

What about friends or their children? No one you specifically would like to give money to?

Bear in mind that if you end up truly intestate, it all goes to the Crown!

safetyfreak · 02/04/2025 17:34

It be a headache for someone at the council to sort, but yes go ahead 🙄

FormerlyPathologicallyHappy · 02/04/2025 17:45

Dh died intestate, it was easy the grant application came back quickly. Our relatives a solicitor she said in our case it was better as you can’t contest it.

Justcallmebebes · 02/04/2025 18:13

PotteringAlonggotkickedoutandhadtoreregister · 02/04/2025 12:44

You do it because it will be so much simpler for your next of kin.

This. Dying without a Will is a massive pain for nearest relatives. I'm late to this thread so I am sure it's been said over and over. If not, it should be

Quitelikeit · 02/04/2025 18:17

I thought if you had no relatives your estate went to the government not your next of kin

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