Understanding the Rules of Intestacy: Who Inherits If There Is No Will

If someone dies without a valid will, their estate is distributed according to the rules of intestacy. These strict legal rules decide who inherits and can lead to outcomes that do not reflect personal wishes or family circumstances.

What Happens When There Is a Will?

When a person dies leaving a legally valid Will, the process of administering their estate is usually more straightforward. The will sets out who should inherit, who will act as executor, and how assets should be distributed.

Having a clear and properly drafted will reduces uncertainty, speeds up administration, and helps avoid disputes between family members.

What Is Intestacy?

Intestacy occurs when someone dies without making a Will. In these cases, the law determines how the estate is divided, regardless of what the deceased may have wanted.

The rules of intestacy apply across England and Wales and cover all assets owned in the deceased’s sole name, including property, savings and personal belongings.

Administering an Estate Without a Will

Dealing with an estate where there is no will can be complex. An administrator must be appointed to manage the estate, rather than an executor named by the deceased.

The administrator has legal responsibility for identifying assets, paying debts and taxes, and distributing the estate correctly. Errors can result in personal financial liability, even where mistakes are unintentional. Legal advice can help ensure the process is handled properly.

Modern Families and Intestacy

The rules of intestacy were created long before many modern family arrangements became common. As a result, they do not automatically provide for unmarried partners or stepchildren.

Even long-term partners who lived together for many years may receive nothing under intestacy rules. In some circumstances, individuals may be able to bring a legal claim, but this can be stressful and costly.

How Intestacy Works in Practice

Under the rules of intestacy in England and Wales, estates are generally distributed as follows:

• Married or civil partners with no children: The surviving spouse or civil partner inherits the entire estate.

• Married or civil partners with children: The first £322,000 plus personal possessions go to the spouse or partner. The remaining estate is split 50/50 between the spouse or civil partner and children.

• Unmarried long-term partners: They generally do not inherit under intestacy.

• Deceased with children but no spouse or civil partner: Children inherit the entire estate.

• No spouse, partner, or children: The estate may pass to parents, siblings, or other relatives.

Jointly owned assets may pass automatically to the surviving owner, depending on whether they are held as joint tenants or tenants in common.

Why Making a Will Is Essential

A will is the only way to ensure your estate is distributed according to your wishes. It allows you to provide for the people who matter to you, appoint guardians for children, and reduce uncertainty for your family.

Without a will, the intestacy rules apply, and your estate may not benefit those you intended to protect.

Understanding Intestacy

The rules of intestacy are strict and often do not reflect modern families or personal wishes. Making a valid will provides certainty, protects loved ones, and avoids unnecessary complications after death.

For advice on wills and joint property ownership, contact RJM Solicitors. Call 01685 37 37 21 or email info@rjmsolicitors.co.uk to arrange a consultation with our Wills and Probate team.

Frequently Asked Questions

Who inherits if there is no will?

Inheritance is determined by the rules of intestacy, which prioritise spouses, civil partners, and close relatives.

Do unmarried partners inherit under intestacy?

No. Unmarried partners are not automatically entitled to inherit.

What is partial intestacy?

Partial intestacy occurs when a will does not cover all assets, meaning some are distributed under intestacy rules.

Is intestacy the same across England and Wales?

Yes. The same intestacy rules apply in both England and Wales.