Wills, and what happens if there is not one

The options around wills and intestacy are set out side by side below, with the conditions that genuinely favour one over the other.

Intestacy is a formula, not a judgement

Where there is no valid will, statutory rules distribute the estate in a fixed order of relatives. The order varies by jurisdiction and generally favours spouses and blood relatives.

It takes no account of what the deceased actually wanted or of who depended on them. Some legal systems go further and reserve fixed shares for certain relatives that a will cannot override, so the freedom to distribute an estate as you choose is far wider in some countries than in others.

Unmarried partners are the biggest gap

In many systems a cohabiting partner inherits nothing under intestacy regardless of the length of the relationship. This surprises people who assume a common-law status that frequently does not exist in law. For unmarried couples with shared finances or children, a will is not optional.

Where it helps most, property held jointly may pass outside the estate entirely depending on how the ownership was set up, which means the deeds can matter more than the will and are worth checking as a separate document.

Guardianship is the other function

A will is the mechanism for naming who should care for minor children. Without it, that decision falls to a court, which will act in the child's interests without knowing your view. For many parents this is a stronger motivation than the financial provisions.

The appointment works better alongside a conversation with the person named and some provision for the cost, since a guardian who is willing but unable to absorb the expense is a common and avoidable problem.

Life events can invalidate it

In several jurisdictions marriage revokes an existing will automatically, and divorce alters its effect. A will written before a major life change may therefore not do what its author assumed.

Reviewing after marriage, separation, a birth or a significant asset change is the practical rule. Separation short of divorce is the dangerous middle in several systems, where a spouse still inherits under the will or the intestacy rules although the relationship has in every practical sense ended.

Keep it findable and valid

An unsigned, unwitnessed or unfindable will achieves nothing. Formal execution requirements are strict and are the most common reason a will fails.

For most people, telling the executor where the original is kept is as important as making it. Assets passing by nomination or by survivorship, including some pensions, life policies and joint accounts, are not governed by the will at all, so those forms have to be updated separately when circumstances change.

Some of this will suit you and some will not, and that is the point.

The administration is where the time goes

Whoever administers an estate generally has to identify the assets, settle the debts and account for the distribution, and the process runs to months rather than weeks in most countries. Debts are usually paid from the estate before anything is distributed, which is why beneficiaries paid early are sometimes asked to return money.

Naming an executor who is willing, organised and likely to outlive you matters more than naming the closest relative, and naming two reduces the chance of the role falling vacant. Estate taxes, reliefs and reporting duties differ sharply between countries and are where local professional advice most reliably repays its cost, particularly where assets sit in more than one jurisdiction.

Side by side

The takeaway

If you have children or an unmarried partner, the absence of a will is a decision you did not make.

The version you keep doing is the version that works.