The intestacy rules - who decides who inherits
Every day in England and Wales, families discover that a loved one left no Will. The consequences range from unexpected and unwelcome to genuinely catastrophic - particularly for unmarried partners and blended families.
The Intestacy Rules, set out under the Administration of Estates Act 1925 as subsequently amended, take over completely when you die without a Will. They don't know who you loved, what you wanted, or who depended on you. They apply a rigid formula based on your marital status and family structure at the date of death.
The intestacy rules don't ask what you wanted. They apply regardless of your wishes, your relationships or your circumstances. The only way to override them is with a valid Will.
Who actually inherits - the four main scenarios
You are married or in a civil partnership, with children
Your spouse or civil partner inherits your personal possessions, the first £322,000 of your estate, and half of everything above that threshold. The remaining half passes to your children in equal shares, held in a statutory trust until each child reaches 18.
You are married or in a civil partnership, with no children
Your spouse or civil partner inherits your entire estate. Parents, siblings and other relatives receive nothing.
You have children but no spouse or civil partner
Your children inherit your entire estate in equal shares. Children under 18 do not receive their inheritance immediately - it is held in a statutory trust and paid out when they turn 18, regardless of whether that timing suits their circumstances.
No spouse and no children
The rules look progressively further: to parents, then to siblings (or their children if deceased), then to half-siblings, grandparents, aunts and uncles. If no qualifying relative exists, your entire estate passes to the Crown - a process known as bona vacantia.
The myth of common-law marriage
Perhaps the most damaging consequence of dying without a Will affects the millions of cohabiting couples in England and Wales. No matter how long you have lived together - five years, twenty years, an entire adult life - an unmarried partner has no automatic right to inherit under English law.
The concept of "common-law marriage" simply does not exist here. It is a widespread and deeply harmful misconception. Without a Will, your long-term partner could receive absolutely nothing, while your estate passes to blood relatives you may not have seen for decades.
Step-children face exactly the same problem. The intestacy rules recognise only biological children and legally adopted children. A step-child, however close the relationship and however long they have lived as part of your family, inherits nothing.
The practical consequences for families
Beyond the question of who inherits, intestacy creates a series of practical problems that can burden your family for months or years after your death.
- No executor appointed. Someone must apply to the probate registry to become the administrator of your estate - a process called obtaining Letters of Administration. It takes time, costs money and the court determines who is eligible, not you.
- No guardian named for your children. A Will is the only way to record who you would like to raise your children if both parents die. Without one, the family court decides. Your wishes carry no legal weight.
- Delays. This can be more complicated than probate where there is a valid Will, particularly if there is disagreement about who should deal with the estate.
- Property complications. If your home is in your sole name, it cannot be sold or transferred without a Grant of Letters of Administration - which can leave a surviving partner unable to act for months.
- Children's inheritance at 18. A statutory trust paying out at 18 has no flexibility. A Will allows you to specify a different age, or allow trustees to release funds for specific purposes - education, housing, starting a business - at their discretion.
What a valid Will actually gives you
A properly drafted Will resolves every one of these problems. With one in place, you decide:
- Who inherits, and in what proportions
- Who you appoint as executor - the person responsible for carrying out your wishes
- Who you would like to raise your children if both parents die
- Whether your unmarried partner, step-children, friends or chosen charities receive anything at all
- Whether specific items or sums go to specific people
- Whether an inheritance is held in trust until children reach a suitable age, rather than simply 18
Dying without a Will does not save time or effort - it creates vastly more of both, at the worst possible moment, for the people you care about most.
The cost of making a valid Will is a fraction of the cost of not having one.
The information in our guides is provided for general information only and is not a substitute for advice based on your individual circumstances.
Wills, trusts, inheritance tax, Lasting Powers of Attorney and estate planning can be complex, and the right approach will depend on your family, finances, assets and wishes. Laws, tax rules, allowances and guidance can also change over time.
You should not act, or decide not to act, solely on the basis of the information in these guides. Where appropriate, you should obtain personalised legal, financial or tax advice before making any decisions.
Reading a guide or completing the Family Risk Review does not create a client relationship with Prime Wills & Estate Planning.