Why Dying Without a Will (Intestacy) Can Be a Huge Problem

When someone dies without a valid will, they are said to have died intestate. Many people assume their assets will “just go to the right people,” but intestacy can cause serious complications, delays, and distress for the family left behind. Here’s why intestacy can become a major problem and how proper estate planning can prevent it.

1. The Law Decides Who Inherits. Not You!

Intestacy law determines who receives your estate. These rules follow a strict formula based on family relationships, not personal circumstances.

That means:

• A spouse or partner may not automatically inherit everything.

• Children from previous relationships could miss out, or inherit less than you intended.

• If you have no close relatives, your estate might even go to the government.

These outcomes can be far from what you would have chosen yourself.

2. Family Disputes Become More Likely

Without a will to provide clarity and direction, family conflict often follows. Relatives may disagree over who should handle the estate or who deserves what. Emotional stress, combined with financial uncertainty, can easily lead to arguments, broken relationships, and even expensive court battles.

A well-drafted will sets clear expectations and reduces the chances of disputes.

3. It Can Take Much Longer to Finalise the Estate

When someone dies intestate, the process of administering their estate becomes more complicated.

• The Probate Registry (part of the Family Division of the High Court) will appoint an administrator (instead of an executor named in a will) to handle the estate.

• Additional paperwork and affidavits (statements of truth) are often required.

• Financial institutions, land registries, and other organisations may demand more proof before releasing assets.

As a result, loved ones can face months or even years of delay before the estate is settled.

4. Unintended Financial Consequences

Intestacy can have unexpected financial implications:

• Assets may need to be sold to divide the estate equally among heirs.

• Tax consequences may be worse than if a will or trust had been in place.

• Minor children may inherit outright at 18, which might not align with your wishes.

With a proper estate plan, you can structure distributions to protect beneficiaries and manage tax outcomes more effectively.

5. Cohabiting Couples and Blended Families Face Extra Risks

Modern families are often complex. If you’re in a relationship but not married and have a cohabiting partner, have stepchildren, or share assets with someone outside your immediate family, intestacy laws might not recognise those relationships. The people who matter most to you could be left with nothing.

A will ensures your intentions are respected—regardless of how unconventional your family situation may be.

6. Peace of Mind Comes from Planning Ahead

Creating a valid will is one of the simplest and most powerful ways to protect your loved ones. It gives you control over who inherits, appoints trusted executors, and allows you to make special provisions for dependants, charities, or business interests.

Estate planning also goes beyond a will, it includes powers of attorney and can help to protect assets.

Final Thoughts

Intestacy can turn an already difficult time into a legal and emotional nightmare. The good news is that it’s entirely avoidable.

By taking the time to create a clear, legally valid will, you can ensure your estate is distributed according to your wishes, not a government formula!