Most UK adults have no will — what intestacy really means

What is the background?

Between 54% and 60% of UK adults have no will — more than 30 million people. When someone dies without a valid will, the intestacy rules of England and Wales decide who inherits. Those rules follow a fixed order of relatives. They do not ask what the person wanted, who shared their home, or who relied on them.

Under intestacy, an unmarried partner inherits nothing at all, however long the relationship. Stepchildren inherit nothing unless they were legally adopted. Couples who never married or formed a civil partnership, and families with children from earlier relationships, are among those most exposed. No solicitor or notary is required to make a will. The government’s own guidance is at gov.uk/make-will.

What happened?

A will is valid under the Wills Act 1837, section 9, when it meets a short list of formalities. It must be in writing. It must be signed by the person making it, or by someone else in their presence and at their direction, with the intention of giving it effect. That signature must be made or acknowledged in the presence of two witnesses, both present at the same time. Each witness must then sign in the presence of the person making the will.

Signing must be physical wet ink on paper. Electronic signatures are not valid for wills in England and Wales. How a will is drafted is therefore legally irrelevant to validity. How it is signed is everything. A professionally drafted will signed wrongly is worthless. A home-made will signed correctly can be valid. That distinction is the most useful fact in this subject.

Around that intestacy gap, online will services for England and Wales have grown. One of them is SwiftWill, a paid service run by the same team as Small Good Things. It is covered here because of how openly it screens people out, not because an online will suits every estate.

How did it happen?

Free routes already exist and deserve equal weight. Free Wills Month and Will Aid are schemes in which a solicitor writes a will free or for a donation. They are restricted to certain age groups or to specific months of the year, they need an appointment, and a charitable legacy is expected. Anyone who can use them should know they exist. For a complex estate, a high-street solicitor — typically costing several hundred pounds — remains the right choice.

SwiftWill* is an online will service for England and Wales only. Scottish law differs. It charges a £35 one-time payment, with no subscription, no storage fees and no upsells, and offers free updates for life. A personalised PDF is delivered instantly and takes about 15 minutes. Every will includes a step-by-step witnessing and signing card.

Coverage includes executors and substitutes, guardians for children under 18, specific gifts, the residuary estate, trusts for children until 18, 21 or 25, funeral wishes, and provisions for pets and digital assets. The service carries a 30-day money-back guarantee and £2m professional indemnity insurance, and is a member of the Institute of Professional Willwriters.

What makes it worth covering is not the price. It publishes a 60-second suitability check and an explicit section on who should not use it. That section screens people out and sends them to a solicitor with a checklist of what to ask. It names the cases where an online will is the wrong tool: inheritance tax planning, trusts, business or foreign assets, protecting children from a previous relationship, deliberately excluding a dependant, or an expected dispute. Readers can start with SwiftWill’s 60-second suitability check* before deciding whether an online form is appropriate. Free guides with no sign-up cover what to do when someone dies, probate, an executor checklist, registering a death, and bereavement support.

Why does it matter?

Intestacy is a default, not a personalised plan. For unmarried partners and for stepchildren who were never adopted, that default can mean receiving nothing. Knowing the rules, knowing that section 9 signing decides validity, and knowing that free solicitor schemes, paid online services and high-street advice serve different situations are the useful next steps. An online will is not right for everyone. Screening people away from a product is the most creditable thing a paid will service can do — and the reason this one is worth covering at all.

What were the key results?

• 54–60% of UK adults have no will — more than 30 million people
• Without a will, intestacy rules decide who inherits in England and Wales
• Unmarried partners inherit nothing under intestacy, however long the relationship
• Stepchildren inherit nothing unless they were legally adopted
• Wills Act 1837 section 9: writing, intentional signature, two witnesses present together
• Wet-ink signatures required; electronic signatures are not valid for wills
• Free Wills Month and Will Aid offer free or donation-based solicitor wills in limited windows
• SwiftWill: £35 once, England and Wales only, free lifetime updates, witnessing card
• Publishes who should not use it and redirects complex cases to a solicitor

What happens next?

The intestacy gap will not close because drafting became faster. It closes when people understand that signing formalities decide validity, that unmarried partners and stepchildren are exposed without a will, and that free schemes, online services and solicitors each have a place. Complex estates still belong with a solicitor. Simple estates still need correct wet-ink witnessing.

Disclosure: SwiftWill is run by the same team as Small Good Things and charges for its service. Links to it are marked with an asterisk. We were not paid to write this.