What Happens If You Die Without a Will? The Intestacy Rules Explained

What Happens If You Die Without a Will? The Intestacy Rules Explained

What Does "Dying Intestate" Mean?

If you die without leaving a valid will, you are said to have died "intestate." When this happens, your estate is distributed according to a fixed set of rules — the intestacy rules — set out in the Administration of Estates Act 1925 (as amended). These rules follow a strict hierarchy based on family relationships and do not take into account your personal wishes, your relationships, or any verbal promises you may have made.

Who Inherits Under the Intestacy Rules?

Married spouse or civil partner. If you have no children, your spouse or civil partner inherits everything. If you have children, your spouse or civil partner receives all personal possessions, the first £322,000 of the estate, and half of the remainder. The other half passes to your children in equal shares.

Children. If you have children but no surviving spouse or civil partner, your children inherit the entire estate in equal shares. "Children" includes biological and legally adopted children, but not stepchildren.

Parents. If you have no spouse, civil partner, or children, your estate passes to your parents in equal shares.

Siblings. If there are no surviving parents, the estate passes to your brothers and sisters (or their children if they have predeceased you).

More distant relatives. The rules continue through half-siblings, grandparents, uncles and aunts, and their descendants. If no qualifying relative can be found, the estate passes to the Crown — known as "bona vacantia."

Who Gets Nothing?

The intestacy rules do not provide for unmarried partners (regardless of the length of the relationship), stepchildren (unless legally adopted), close friends, godchildren, relatives outside the statutory hierarchy, or charities.

An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires a court application, is uncertain in outcome, and can be expensive and distressing.

The Practical Problems of Intestacy

Beyond who inherits, dying intestate creates practical difficulties including no named executor (requiring a court-appointed administrator), no guardianship appointment for minor children, increased costs and delays, and a heightened risk of family conflict.

How to Avoid Intestacy

The solution is straightforward: make a will. If you would like to discuss making a will or have questions about the intestacy rules, please contact Safe Harbour Legal.

This guide is intended as general legal information and does not constitute legal advice. Safe Harbour Legal is a trading name of Legal Studio, authorised and regulated by the Solicitors Regulation Authority.