Research from the Money and Pensions Service found that 56% of UK adults don’t have a will — and that includes over half of people aged 50 to 64. Whether you live in Swindon, Wiltshire, or out in the Forest of Dean around Lydney, if you don’t have a valid Will in place, the law decides who inherits your estate, not you.
At Farsight Wills, we meet people across Swindon and the Forest of Dean every week who assumed their savings, home, or belongings would automatically go to their partner or children. Often, that assumption is wrong. This guide explains why a Will matters, what happens if you don’t have one, and how straightforward it is to put things right.
What Happens If You Die Without a Will?
If you die without a valid Will, you die intestate, and your estate is distributed according to the fixed rules of intestacy under the Administration of Estates Act 1925 — not according to your wishes.
For married couples and civil partners
A common myth we hear from clients in Swindon and Lydney is “everything automatically goes to my husband/wife.” That’s only true if you have no children. If you do have children, your spouse or civil partner receives your personal belongings, a fixed sum currently set at £322,000 (known as the statutory legacy), and half of anything left over. The other half is split between your children — even if they’re still minors, or from a previous relationship your spouse has never met.
For unmarried and cohabiting couples
This is the one that catches people out most often. Under intestacy rules, unmarried partners inherit nothing automatically, no matter how many years you’ve lived together or shared a mortgage. With cohabiting couples increasingly common across Wiltshire and Gloucestershire, this is a real and growing risk — without a Will, a surviving partner could be left with no legal right to the family home.
For blended families
Second marriages and blended families are another area where intestacy rules cause real hardship. Without a Will, stepchildren have no automatic right to inherit at all, and children from a first marriage may end up with more, or less, than you intended. A Will lets you set out clearly who gets what, protecting everyone you care about.
Why a Will Matters — Wherever You Live in Swindon or the Forest of Dean
You choose who inherits — not the government
A Will lets you decide exactly who benefits from your estate: your partner, your children, grandchildren, godchildren, friends, or a favourite charity. Without one, the intestacy rules follow a fixed order of priority that takes no account of your actual relationships.
You appoint guardians for your children
If you have children under 18, a Will is the only way to formally appoint guardians to care for them if both parents die. Without this in place, the courts decide — often after a stressful and drawn-out process for the family left behind.
You can protect against care home fees and remarriage
Tools like a Protective Property Trust, written into your Will, can help protect a share of the family home for your children, even if your surviving spouse later remarries or needs long-term care. This is something we regularly advise on for clients across Swindon, Wiltshire, and the Forest of Dean who want certainty for the next generation.
You reduce the risk of family disputes
A clear, properly witnessed Will significantly reduces the chances of disagreements between relatives after you’re gone. Intestacy, by contrast, often forces families into difficult conversations about entitlement at the worst possible time.
You can plan for Inheritance Tax
A well-drafted Will can incorporate straightforward planning to reduce the Inheritance Tax burden on your estate, making sure more of what you’ve worked for goes to your family rather than the Treasury.
Common Myths We Hear in Swindon and Lydney
- “I’m too young to need a Will.” — Intestacy doesn’t check your age. Anyone with children, property, or savings benefits from having one.
- “My estate is too small to bother.” — Even modest savings and personal possessions can cause disputes without clear instructions.
- “A Will is expensive and complicated.” — A straightforward single or mirror Will is one of the most affordable pieces of legal planning you’ll ever arrange.
- “I made a Will years ago, so I’m covered.” — Marriage automatically revokes an earlier Will in England and Wales. Divorce, house moves, and new grandchildren are all good reasons to review yours.
Free Home Visits Across Swindon, Wiltshire and the Forest of Dean
Farsight Wills is an independent estate planning firm with offices in Swindon, Wiltshire, and in Parkend, Lydney, at the heart of the Forest of Dean, Gloucestershire. We offer free home visits and consultations across both areas, so you can get your Will, mirror Wills, or Protective Property Trust sorted in plain English, in the comfort of your own home.
A Will is only one part of the picture — you may also find our guides to Lasting Powers of Attorney and Probate and Estate Administration useful, or take a look at our prices for a clear breakdown of costs.
Call our Swindon office on 01793 433705 or our Lydney office on 01594 801137, email info@farsightwills.com, or find out more on our Wills page. Don’t leave your family’s future to the intestacy rules — put a Will in place today.