Dying intestate

Failure to make a will

Nature

If a person has not made a will, in most countries the division of their estate will be based on the laws of intestacy, (even reverting to the government) and not the wishes of the deceased.

Background

The problem of dying intestate has been documented since the earliest codified legal systems, with historical records from ancient Rome and medieval Europe highlighting disputes and social disruption caused by the absence of wills. As societies grew more complex and property ownership expanded globally, the consequences of intestacy—such as contested inheritances and vulnerable dependents—became increasingly apparent, prompting legal reforms and international attention to the need for effective succession planning across diverse cultural and legal contexts.

Incidence

A survey in the UK found that only 41% of married people had made a will. Altogether in the UK, two-thirds of people do not make wills.

Claim

Dying intestate is a critical problem that causes unnecessary chaos, financial hardship, and emotional distress for loved ones. Without a will, families are left vulnerable to lengthy legal battles and unfair asset distribution. This negligence can tear families apart and squander hard-earned wealth. It is irresponsible to ignore the consequences—everyone must take action to protect their legacy and spare their loved ones from needless suffering. Dying intestate is simply unacceptable in today’s world.

Counter-claim

Dying intestate is vastly overblown as a societal concern. Most people have modest assets, and state laws already provide clear procedures for distributing estates. The notion that dying without a will causes chaos is exaggerated; families generally resolve matters amicably. Energy spent worrying about intestacy would be better directed elsewhere. In reality, this so-called “problem” is a minor administrative issue, not a crisis demanding urgent attention or widespread anxiety.