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- 24th Apr 2026
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No will? Mincoffs Solicitors on what really happens and how to stay in control
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Most of us put it off. But dying without a will does not mean the law stays out of it. Mincoffs Solicitors, wills solicitors in Newcastle with over 60 years’ combined team experience, explain exactly what is at stake.
THE DOCUMENT MOST PEOPLE NEVER GET AROUND TO WRITING
56% of UK adults don’t have a will – yet it’s probably the most important document you’ll ever sign. Most of us know we should have one, but life just keeps getting in the way.
It’s a topic that can feel uncomfortable to raise, let alone act on. Death, inheritance and family dynamics, none of it makes for easy conversation. But the team at Mincoffs Solicitors in Newcastle have been having exactly these conversations for decades. As a full-service firm with a specialist wills, trusts and probate department, their message is simple: the sooner you plan, the more control you keep.
We sat down with Lydia McCaslin, Partner and Head of Wills, Trusts and Probate at Mincoffs Solicitors Newcastle, to get the answers you actually need.
SO, WHAT HAPPENS WHEN SOMEONE DIES WITHOUT A WILL IN THE UK?
Dying without a will, known legally as dying intestate, does not mean your estate gets sorted out sensibly. It means the law decides for you, according to a strict set of rules that may have nothing to do with your wishes.
“Most people think dying without a will is rare, but it’s surprisingly common, Lydia says. “The rules around intestacy are complex, but generally speaking, if you’re unmarried, your partner isn’t automatically entitled to anything. Without a will, children may inherit younger than you had planned, at 18, which most parents feel is too young.
“Under the intestacy rules in England and Wales, if you leave a spouse or civil partner and no children, they inherit everything. If you are married with children, your spouse receives a fixed sum of £322,000, all personal belongings, and 50% of the remainder, with the other 50% split equally between your children at age 18. And if you are unmarried, regardless of how long you have been together, your partner receives nothing at all.”
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THE MYTH OF THE COMMON LAW SPOUSE
This is perhaps the most persistent and damaging misconception in UK inheritance law. Many couples assume that years of living together creates legal rights. It does not.
“The most misunderstood position is where there’s an unmarried partner. They get nothing, regardless of the length of the relationship, whether they lived together, or whether they had children together. The estate would pass to the next living blood relative. And lots of people think there’s such a thing as a ‘common law spouse’ – there isn’t.”
Without a will, the estate passes to children, then parents, then siblings, and potentially to more distant relatives you may barely know or have no relationship with at all.
THE REAL RISKS OF DYING WITHOUT A WILL
Beyond the emotional difficulty, there are serious practical and financial consequences to dying intestate, especially for unmarried couples and blended families. Estranged relatives can and do inherit. Unmarried partners and stepchildren receive nothing unless they go to court. Family disputes become far more likely at exactly the time people are grieving, and inheritance tax planning opportunities may be missed entirely.
“Blended families are a really important consideration here. Stepchildren get nothing under intestacy, but they are often very much part of the family. An unmarried partner doesn’t get anything automatically but can make a claim under the Inheritance Act, which can be costly, delay estate administration, and cause real conflict within a family.”
WHAT CONTROL DOES HAVING A WILL ACTUALLY GIVE YOU?
A will is not just a document that says who gets what. Done properly by experienced wills solicitors in Newcastle like the team at Mincoffs, it’s a comprehensive expression of your wishes and a meaningful act of care for the people who matter most.
You can decide what age your children inherit, make sure unmarried partners and stepchildren are provided for, appoint guardians for minor children, set up trusts for vulnerable beneficiaries, and specify exactly who manages your estate.
“A will puts you in control. You can decide what age your children inherit, make sure unmarried partners and stepchildren are looked after, appoint guardians for minor children, and even exclude people who would otherwise inherit. It’s far more powerful than most people realise.”
WHEN SHOULD YOU WRITE A WILL?
There is no single right moment, but there are plenty of good ones. The wills team at Mincoffs Solicitors in Newcastle encourages clients to write a will that reflects where they are today and review it every five years or whenever life changes.
Key moments to act include buying a property, moving in with a partner without marrying, getting married (which automatically revokes any previous will), separation or divorce, having children, and later-life inheritance tax planning.
“We encourage clients to write a will that suits their current circumstances – what should happen if they died today? Then keep it under review, every five years or so, or whenever circumstances change.”
WHY CHOOSE MINCOFFS SOLICITORS FOR WILLS AND PROBATE IN NEWCASTLE?
A specialist team with more than 60 years’ combined experience, handling everything from straightforward wills to complex high-net-worth estates and succession planning for family businesses across Newcastle and the wider North East.
Lydia McCaslin (Partner), Janine (Associate) and Victoria (Associate) are all STEP qualified members of the Society of Trust and Estate Practitioners. Lydia and Janine are also members of the Association of Lifetime Lawyers, reflecting deep expertise with elderly and vulnerable clients. All three are ranked in Chambers & Partners’ High Net Worth Guide for Private Wealth Law in Newcastle, and the department is recognised by Legal 500. Home appointments are available for those unable to visit the Jesmond office.
“Clients often comment that it’s simpler than they expect and that’s because we guide them through each step, explain everything in plain English, and make sure their wishes are clearly recorded. A short conversation with our team is often all it takes to get things moving.”
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GET IN TOUCH WITH MINCOFFS SOLICITORS
The wills, trusts and probate team at Mincoffs Solicitors are based in Jesmond, Newcastle, and are happy to offer home appointments. Each matter is handled by an experienced solicitor from start to finish.
Mincoffs Solicitors LLP, 5 Osborne Terrace, Jesmond, Newcastle upon Tyne NE2 1SQ
Rachael Ellis
Head of Content
After gaining a first in her BA Media and Journalism degree at Northumbria University, Rachael worked at Newcastle’s leading regional newspaper with her stories being picked up in national and global newspapers. She spent two very successful years giving a voice to those communities across the North East who otherwise…
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