When someone passes away without a valid will, they are said to have died intestate. In such cases, the distribution of their estate—money, property, and possessions—is determined by intestacy rules, which vary depending on whether the deceased was married, in a civil partnership, or had children. Understanding these rules is crucial for families, as they dictate who inherits and in what order.
What Is Intestacy?
Intestacy occurs when a person dies without leaving a legally valid will. Without a will, the law steps in to decide how the estate is divided among surviving relatives. This can lead to outcomes that may not reflect the deceased’s wishes, which is why having a will is highly recommended.
Who Inherits Under Intestacy Rules?
In England and Wales, intestacy rules are set out in the Inheritance and Trustees’ Powers Act 2014. The rules prioritise family members in the following order:
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Spouse or Civil Partner
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If the deceased was married or in a civil partnership, the surviving partner inherits a statutory legacy (a set sum) and a share of the remaining estate.
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The remaining estate is divided between the spouse/civil partner and any children, if applicable.
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Children
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If there are children, they share the estate equally after the spouse’s or civil partner’s statutory legacy is distributed.
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This includes biological, adopted, and in some cases, stepchildren.
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Parents
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If there is no spouse, civil partner, or children, the estate passes to the deceased’s parents.
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Siblings
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If there are no parents, the estate goes to brothers and sisters or their children if they have passed away.
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More Distant Relatives
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The estate then moves to grandparents, aunts and uncles, and finally cousins.
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The Crown
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If no relatives can be found, the estate “bona vacantia” passes to the Crown.
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How the Estate Is Divided
The rules for married couples or civil partners are slightly more complex. For example, if a person dies leaving a spouse and children:
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The spouse or civil partner receives the first £270,000 of the estate (this figure is the statutory legacy as of 2025).
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The rest of the estate is shared between the spouse and the children, with the spouse receiving half of the remaining estate and the children sharing the other half equally.
If there is no surviving spouse but there are children, the estate is divided equally among the children.
Key Points to Remember
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No Will, No Choice: Dying intestate means you have no say over who inherits your estate.
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Stepchildren: Under current rules, stepchildren do not automatically inherit unless legally adopted.
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Property Ownership Matters: How assets are held (joint tenancy vs. tenancy in common) affects whether they pass outside intestacy rules.
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Planning Ahead: Making a will ensures your estate is distributed according to your wishes and can help prevent family disputes.
Why a Will Is Essential
Intestacy rules follow a fixed hierarchy and cannot account for personal wishes. Writing a will gives you control over:
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Who inherits your estate
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Specific gifts to family, friends, or charities
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Guardianship of minor children
Without a will, the law decides, which can lead to outcomes that may be unexpected or unfair to some family members.
Conclusion
Dying intestate can create unnecessary stress and conflict for your loved ones. Understanding the rules of intestacy highlights why a properly drafted will is essential. It ensures your estate is handled according to your wishes and protects your family from legal complications.
At Brooks Wills, we specialise in helping clients plan their legacies carefully, ensuring peace of mind for you and security for your loved ones.
