Dying without a valid will—known as dying “intestate”—means your estate will be distributed according to the Rules of Intestacy. These rules are rigid, set by law, and often fail to reflect the realities of modern families or your personal wishes. Many people are surprised by how little control they (or their loved ones) have in this situation.
Who Inherits Under Intestacy?
The way your estate is divided depends entirely on your family situation at the time of your death. Here’s how the law works in practice:
Married or in a Civil Partnership with Children
Your spouse or civil partner receives:
All your personal possessions (regardless of value)
The first £322,000 of your estate (as of 2024)
Half of anything left over
The other half of the remainder is split equally between your children. If a child has died before you, their share passes to their own children (your grandchildren). Children only receive their inheritance at 18, which can be problematic if you feel they’re not ready for a lump sum at that age.
Married or in a Civil Partnership without Children
Your spouse or civil partner inherits everything. This includes your entire estate and all personal possessions, even if you have living parents or siblings.
Unmarried with Children
If you’re not married or in a civil partnership, your children inherit everything, shared equally. Again, they must wait until they’re 18 to access their inheritance.
No Spouse and No Children
The law sets out a strict order of who inherits:
Parents
Siblings (or their children, if they’ve died)
Half-siblings
Grandparents
Uncles and aunts (or their children)
Half-uncles and half-aunts
If you have no living relatives in these categories, your estate passes to the Crown (known as “bona vacantia”).
Common Ambiguities and Contentious Points
Unmarried Partners and Step-Children
One of the most contentious aspects is that unmarried partners—no matter how long you’ve lived together—have no automatic right to inherit. Step-children are also excluded, even if you’ve raised them as your own. This can leave loved ones in a very vulnerable position, especially if the family home is in your sole name.
Separated but Not Divorced
If you’re separated but not legally divorced, your spouse or civil partner will still inherit under the intestacy rules. This can be deeply unfair if you’ve built a new life with someone else, or if you’re estranged.
Children’s Inheritance at 18
Many parents worry about children inheriting large sums at 18. The law does not allow you to delay this unless you make a will specifying a different age or conditions.
Jointly Owned Property
How property is owned matters. If you own your home as “joint tenants,” it passes automatically to the surviving owner, outside the intestacy rules. If you own as “tenants in common,” your share forms part of your estate and is distributed under intestacy.
Business Assets
If you own a business, intestacy can cause real problems. Your business interest will be divided according to the rules, which may force a sale or liquidation if beneficiaries can’t agree or are under 18.
Real-Life Consequences
The intestacy rules can lead to distressing outcomes:
Your partner may have to leave or sell the family home if they don’t inherit it.
Family disputes over sentimental items are common, as the law doesn’t account for personal wishes.
Children may receive large sums before they’re mature enough to manage them.
Step-children and close friends receive nothing, regardless of your relationship.
If no eligible relatives are found, your estate goes to the government.
Avoiding the Pitfalls: Why a Will Matters
Making a will is the only way to ensure your wishes are followed. You can:
Choose who inherits and in what shares
Provide for unmarried partners, step-children, or friends
Appoint guardians for your children
Set conditions on when and how children inherit
Make specific gifts of sentimental items
Protect your business and ensure continuity
Final Thoughts
The Rules of Intestacy are strict and often out of step with modern life. If you want to protect your loved ones and avoid unnecessary stress or disputes, making a will is essential. It’s not just about money—it’s about peace of mind and making sure your wishes are respected.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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