Ferguson Bricknell Solicitors What happens if I don’t make a will? If you don't make a Will, the law has to decide who will inherit your estate.  In brief, what happens is as follows:  If you leave a spouse and children, then your spouse gets the household contents and the first £250,000 of your property.  The balance is shared with the children.  Jointly owned property is excluded from the calculations.  If you leave a spouse but no children then your spouse will get the first £450,000 of your property.  Any balance over that will be shared with your parents if they are still alive or with your brothers and sisters.  If your spouse has died before you, or if you were not married, and you leave children, your children will get everything.  If you are unmarried without children, your property goes to your parents if they survive you, or to your brothers and sisters or to other relatives who are descendants of your grandparents.  "Spouse" includes a Civil Partner  If you are living with somebody but are not legally married to or in a civil partnership with that person, your partner has no legal right to any of your estate if you have not made a Will.  There is no such thing a ‘common-law’ wife or husband.  If there are no children your partner will get nothing and  your estate will be passed on the relatives mentioned in the previous paragraph.