No Will? UK Intestacy Laws Explained

Understanding Intestacy Laws in England and Wales

When someone dies without a valid will in England or Wales, their estate is distributed according to intestacy laws. These rules are set out in the Administration of Estates Act 1925 and have been updated over time, most recently through the Inheritance and Trustees’ Powers Act 2014.

We describe how intestacy works and who inherits if there is no will in place.

Who Inherits Under Intestacy?

The intestacy rules prioritize close legal and blood relationships. The most important thing to remember is that only married or civil partners and certain close relatives are entitled to inherit. Unmarried partners, stepchildren, and friends do not receive anything under these rules.

If the Deceased Had a Spouse or Civil Partner and Children

If the person who died was legally married or in a civil partnership and had children:

• The surviving spouse or partner receives:
  • All personal possessions
  • The first 322,000 pounds of the estate
  • Half of anything that remains
• The children receive:
  • The other half of the remaining estate
  • If a child has died, their share goes to their own children (i.e. the deceased person’s grandchildren)

If the Deceased Had a Spouse or Civil Partner and No Children

In this case, the spouse or civil partner inherits the entire estate.

If the Deceased Had Children But No Spouse or Partner

The children inherit the entire estate in equal shares. If any child has died, their share passes to their own children.

If There Is No Spouse, Civil Partner, or Children

The estate is distributed in this strict order:

1. Parents
2. Siblings of the whole blood, or their children if they have died
3. Half-siblings, or their children
4. Grandparents
5. Aunts and uncles of the whole blood, then half-blood
6. If no relatives exist, the estate passes to the Crown

Why Are These Rules in Place?

The intestacy laws are based on three key principles:

1. Priority to Legal and Blood Relationships
   The law gives priority to spouses, civil partners, and biological or legally adopted children, based on presumed financial dependence and shared responsibilities.
2. Clarity and Efficiency
   A clear legal structure makes it easier and faster to handle the estate, especially where no will is available to guide decisions.
3. Presumed Wishes
   Lawmakers assume most people would want their estate to go to their spouse or children first, then to close family members.

Common Misunderstandings

• Cohabiting partners have no rights under intestacy, regardless of how long they lived together.
• Stepchildren are not included unless they were legally adopted.
• The rules are strict and do not allow for fairness or discretion.
• To ensure your wishes are followed, you must make a valid will.

Example Scenario

Jane dies without a will. She was married to Tom and had two children. Her estate is valued at 500,000 pounds.

• Tom receives:
  • 322,000 pounds
  • All of Jane’s personal possessions
  • Half of the remaining 178,000 pounds (89,000)
• The children share the remaining 89,000 pounds equally (44,500 pounds each)

Final Thoughts

Intestacy laws may seem harsh or outdated, especially for modern family arrangements, but they exist to create a consistent legal process. If you want to ensure your estate goes to the people you choose — including unmarried partners, friends, or charities — writing a valid will is essential.