What Happens If You Don’t Make a Will?

If a person dies without making a will, they are said to have died intestate. In such a case, their property is distributed according to the personal laws of inheritance that apply to them, not according to their personal wishes. This process is known as intestate succession.

1. Legal Framework Governing Intestate Succession in India

The law that applies depends on the religion of the deceased:

Each law lays down a defined order of heirs and shares for distributing property.

2. Consequences of Dying Without a Will

(a) Property is divided by law, not by wish

Your estate will be distributed among your legal heirs (spouse, children, parents, etc.) as per the succession law. You cannot decide who gets what after your death.

(b) Possible family disputes

In the absence of clear written directions, differences often arise among heirs over entitlement and valuation of assets.

(c) Difficulty in transferring property

Transferring property titles or bank balances can take longer since heirs may need to obtain legal heir certificates or succession certificates from the court.

(d) No provision for non-family dependents

Friends, charitable causes, or distant relatives whom you might have wished to benefit will receive nothing under intestate succession.

(e) Guardianship issues for minors

If minor children are involved, the court may appoint a guardian, which may not align with what the deceased would have preferred.