Rules of intestacy: What happens if you die without a will?

When someone dies without a will in the UK, the Crown doesn’t merely observe; it decides. This sovereign intervention, known as intestacy, transforms grieving families into unwilling participants in a legal process where Parliament’s rulebook, not your loved one’s wishes, determines who receives what. The rules of intestacy UK create unintended consequences: long-term partners left homeless, estranged relatives receiving windfalls, and inheritance tax bills that proper planning would have minimised. The law sees only legal relationships, not emotional bonds. Protect your legacy by consulting a solicitor specialising in wills, trusts and estates who can ensure your intentions, not statute books, determine your family’s future.

Discover how intestacy could devastate your family’s future, and the simple steps to prevent it.

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Intestacy meaning and rules of intestacy UK: Regional variations

Intestacy meaning refers to the legal state of dying without a valid will, forfeiting your right to determine your beneficiaries. Instead, the laws of intestacy dictate who inherits, prioritising legal relationships over emotional bonds.

The rules of intestacy UK vary significantly across jurisdictions:

1. England and Wales: In England and Wales, the Administration of Estates Act 1925 intestacy rules (as amended) grant spouses a £322,000 statutory legacy plus half the remainder if children exist, or the entire estate if they don’t. Unmarried partners, regardless of relationship length, have no entitlement whatsoever, a harsh reality that continues to surprise many families.
2. Scotland: Scotland’s succession laws provide spouses with “prior rights” against the family home, furniture, and cash, followed by “legal rights” against moveable estate. Unlike other UK jurisdictions, limited provisions exist for cohabitants, but these require court application within six months, a deadline frequently missed by grieving partners.
3. Northern Ireland: Northern Ireland maintains the most conservative intestacy framework with significantly lower statutory legacy amounts and only one-third remainder interest for spouses where children exist. The law has resisted modernisation for decades, creating particular difficulties for blended families and unmarried partners.

What happens if you die without a will

What happens if you die without a will depends on your family structure and where you live. The laws of intestacy create a fixed hierarchy that ignores unmarried partners and step-children completely, regardless of their dependency on the deceased:

• Spousal entitlements: Under statutory legacy intestacy, surviving spouses in England and Wales receive the first £322,000 plus personal possessions (from January 2025). With children, they get 50% of any remainder; without children, they receive everything. This fixed-sum approach often forces home sales when the property value exceeds the statutory amount, creating financial hardship for surviving spouses.
• Children’s inheritance rights: Children (including adopted ones) inherit equally any portion exceeding the spouse’s statutory legacy. For unmarried parents, children inherit the entire estate directly. Step-children get nothing without legal adoption. When beneficiaries are minors, trustees must manage their inheritance until age 18, creating additional complexity and cost.
• Parents, siblings, and extended family: If someone dies without a will leaving no spouse or children, inheritance follows this strict order: parents first, then siblings, half-siblings, grandparents, and finally aunts/uncles. Estranged relatives frequently inherit over close friends. Finding distant relatives often requires professional genealogists, significantly increasing estate administration costs.

Intestacy rules flowchart 2025

What is the order of inheritance without a will? The intestacy rules flowchart 2025 shows how inheritance works in England and Wales without a will:

Partial intestacy: When you have an incomplete will

Partial intestacy occurs when a will exists but fails to distribute all assets. This common oversight typically happens when a will lacks a residuary clause, named beneficiaries die before the testator without replacement provisions, or new assets are acquired after the will’s execution. In such cases, the portion not covered by the will follows intestacy rules while the rest follows the will’s instructions. This creates a hybrid situation where some beneficiaries receive their intended inheritance while unexpected statutory heirs claim the remainder, often generating family disputes.

The process of dying intestate: Practical steps

When dying intestate, someone must apply for Letters of Administration using the PA12 form. The highest-ranking beneficiary submits this form with death certificate and probate fee. Administrators cannot deviate from statutory entitlements, even when unfair.

Who administers the estate?

If someone dies without a will, administrators are appointed in this order: spouse, children, parents, siblings, grandparents, aunts/uncles. Unlike executors, they must follow intestacy rules exactly. Multiple administrators frequently create conflicts in blended families where current spouses compete with children from previous relationships.

The PA12 form and legal procedures:

The PA12 form requires family details, asset valuation, and tax calculations. Critical errors include omitting relatives, undervaluing assets, and miscalculating tax—any of which invalidates the application. Professional help is essential for estates over the inheritance tax threshold or with complex family structures.

How to avoid dying without a will

Preventing dying without a will requires simple preparation:

1. Create a legally valid will, preferably through a solicitor to ensure enforceability.
2. Update it after major life events (marriage, births, divorce, relocation).
3. Name guardians for minor children and consider digital assets alongside physical possessions.
4. For complex estates, establish trusts for tax efficiency and protection of vulnerable beneficiaries.
5. Review your will every 3-5 years to reflect changing circumstances and tax laws.

FAQs

• Can cousins inherit under an intestacy UK? Yes, but only if no closer relatives exist (spouse, children, parents, siblings, aunts/uncles). Such cases often see distant relatives receiving substantial sums while close friends and carers get nothing.
• If someone dies without a will: what happens to their money? In England and Wales, spouses receive £322,000 plus 50% of any remainder if children exist, or the entire estate if they don’t. Without a spouse, children inherit everything equally. Unmarried partners receive nothing regardless of relationship length. Bank accounts freeze upon death until the administrator receives legal authority to access them.
• Who inherits if no will? It depends on which relatives survive the deceased. Inheritance follows a strict hierarchy: first spouse/civil partner, then children, parents, siblings, half-siblings, grandparents, and finally aunts and uncles. If no blood relatives exist, everything passes to the Crown.

Intestacy forces your family into a rigid legal framework where Parliament, not you, decides who inherits. Only a proper will ensures your assets reach those you value most, protecting relationships the law doesn’t recognise.

Protect your family’s future!

Qredible’s network of specialist wills and probate solicitors provides expert, affordable guidance to create legally robust wills and navigate complex intestacy situations.

KEY TAKEAWAYS

• Intestacy rules create a rigid inheritance hierarchy that varies across UK jurisdictions, with spouses and legal relatives receiving set portions while unmarried partners and step-children are completely excluded regardless of relationship length or dependency.
• The distribution process requires formal administration through specific legal procedures including the PA12 form in England and Wales, with administrators facing personal liability if they fail to follow strict statutory requirements.
• While tools like deeds of variation can sometimes redirect inheritance after death, they require unanimous consent and are limited by strict timeframes, making proper will creation the only reliable way to ensure your assets benefit those you choose.