Losing a partner is incredibly difficult, and dealing with legal and financial matters can make an already emotional time feel even more overwhelming. One of the most common issues people face is what happens if their partner dies without making a will.
At Bates Wells & Braithwaite in Ipswich, we regularly support individuals and families across Suffolk who are navigating this situation and unsure of their rights.
If there’s no will in place
When someone dies without a valid will, they are have died “intestate.” This means their estate, including assets like property and savings, is dealt with under the UK’s intestacy laws.
These laws are fixed and apply automatically when there is no will. Even were clear intentions or conversations about what should happen are not legally recognised unless they are written into a valid will. This can make things feel quite rigid and frightening at a time when families are already dealing with a lot.
What this means for your partner
One of the biggest misconceptions is that a partner will automatically inherit, especially after a long term relationship. In reality, it depends on your legal status.
If you were married or in a civil partnership, you are likely to inherit some or all of the estate, depending on the family situation. However, if you were not married, the position is very different. Unmarried partners are not included under intestacy laws, no matter how long you have lived together.
This can understandably come as a shock, particularly for couples who have shared a home, finances, or even children.
Who does inherit if there is no will?
The law sets out a clear order. In most cases, the estate passes to a spouse, if married, or civil partner first, followed by children and then other close relatives. If there are no immediate close family members, the estate will pass to other relatives who may, in law, take precedence over a long-term partner.
Because this is fixed in law, it may not reflect personal relationships or what the person would have, or said, they wanted.
Do you have any options?
If you’re not provided for under the intestacy rules, it doesn’t always mean there’s nothing you can do. In some situations, it may be possible to make a claim against the estate, particularly if you were financially dependent on your partner.
These cases can be complex and are subject to strict time limits, so it’s important to get legal advice early to understand your position.
Wills and probate advice in Ipswich
If you are dealing with the estate of someone who has died without a will, or you want to put a will in place, Bates Wells & Braithwaite can help.
Our Ipswich and Hadleigh team provides clear, practical advice on wills, probate and inheritance matters, helping you understand your position and next steps. Fill in the contact form below or call 01473 219282.