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 "Dying Intestate" Means

If you die without a valid will, you die "intestate". Your estate is then shared out under a fixed set of rules, the intestacy rules, in the Administration of Estates Act 1925 (as amended). The rules follow a strict order of family relationships. They take no account of your wishes, your relationships or any promises you made.

Who Inherits Under the Intestacy Rules?

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 your personal possessions, the first £322,000 of the estate and half of the rest. The other half passes to your children in equal shares.

Children. If you have children but no surviving spouse or civil partner, your children share the whole estate equally. "Children" means biological and legally adopted children, not step-children.

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

Brothers and sisters. If no parent survives you, the estate passes to your brothers and sisters, or to their children if they died before you.

More distant relatives. The rules go on through half-brothers and half-sisters, grandparents, uncles and aunts, and their descendants. If no qualifying relative can be found, the estate passes to the Crown. This is called "bona vacantia".

Who Inherits Nothing

The intestacy rules give nothing to an unmarried partner, however long you lived together; to step-children, unless legally adopted; to close friends or godchildren; to relatives outside the statutory order; or to charities.

An unmarried partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. That means a court application. The outcome is uncertain, and it can be expensive and distressing.

The Practical Problems of Intestacy

Beyond who inherits, dying intestate causes practical problems: no named executor, so someone has to apply to the court to be appointed administrator; no guardian appointed for children under 18; higher costs and longer delays; and a greater risk of family conflict.

How to Avoid Intestacy

The answer is simple: make a will. Aaron drafts a standard will for one person and mirror wills for a couple, each at a fixed fee published on the fees page. To discuss making a will, or the intestacy rules, 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.