Who decides what happens to your house?

If you die without a will in England or Wales, the law decides who inherits your property under the rules of intestacy. Your wishes are not taken into account.

What happens if you were married or in a civil partnership?

If you owned your home jointly as joint tenants, it usually passes automatically to the surviving partner.

If the property was owned as tenants in common, your share does not pass automatically. Instead, it becomes part of your estate and is distributed under intestacy rules.

If you have children, your partner does not automatically inherit the entire property. The estate is split according to fixed legal rules, which can mean your home has to be sold.

What if you were unmarried?

Unmarried partners do not inherit under the rules of intestacy, no matter how long you lived together. This can leave a surviving partner with no legal right to stay in the home.

What if there are no close relatives?

If no eligible relatives can be found, your estate, including your house, may pass to the Crown.

Why a will matters for homeowners

A will allows you to control exactly what happens to your property. It can protect your partner, provide security for children, and avoid forced sales or disputes.

Summary

Without a will, your house may not go to the people you expect. Writing a will puts you back in control and provides certainty at an already difficult time.