What is Intestacy?

Intestacy is the legal term for dying without a valid will. When this happens, your estate (everything you own) is distributed according to fixed rules set out in law, regardless of what you might have wanted.

These rules were designed to provide a “one size fits all†solution, but in reality, they fit almost no one's actual wishes or circumstances.

The Intestacy Rules: Who Gets What

The intestacy rules in England and Wales distribute your estate based on a hierarchy of relatives. Here's exactly what happens:

If You're Married or in a Civil Partnership

With children (including adult children):

  • Spouse receives all personal possessions
  • Spouse receives first £322,000 of estate
  • Spouse receives half of everything above £322,000
  • Children share the other half equally

Without children:

  • Spouse inherits everything

If You're Not Married

With children only:

  • Children inherit everything equally
  • Partner gets nothing (even after decades together)

No spouse or children:

Estate goes to relatives in this order:

  1. Parents
  2. Siblings (or their children if sibling died)
  3. Half-siblings
  4. Grandparents
  5. Uncles and aunts (or their children)
  6. Half-uncles and half-aunts
  7. The Crown (if no relatives)

Real Examples of Intestacy Problems

Example 1: The Unmarried Couple

Situation: Sarah and John lived together for 25 years, owned a home together (as tenants in common), raised two children together, but never married.

What happens:

  • John dies without a will
  • Sarah gets nothing under intestacy rules
  • John's share of the house goes to his children
  • Sarah must buy out children's share or sell the house
  • Sarah may lose her home while grieving

With a will: John could have left his share of the house to Sarah, ensuring she could stay in their home.

Example 2: The Stepfamily

Situation: Michael married Lisa, who had two children from a previous marriage. He raised them as his own for 15 years. They also had one child together. Estate worth £500,000.

What happens:

  • Michael dies without a will
  • Lisa gets £322,000 + half of remaining £178,000 = £411,000
  • Remaining £89,000 goes to biological child only
  • Stepchildren get nothing, despite 15-year relationship

With a will: Michael could have provided for all three children equally or however he wished.

Example 3: The Estranged Sibling

Situation: David has one sibling he hasn't spoken to in 20 years due to serious family conflict. David has close friends who supported him through difficult times. Estate worth £200,000.

What happens:

  • David dies without a will
  • Estranged sibling inherits everything
  • Close friends get nothing

With a will: David could have left his estate to friends who were actually there for him.

Example 4: The Second Marriage

Situation: Emma remarried after her first husband died. She has adult children from first marriage. New husband has his own adult children. Combined estate worth £600,000.

What happens:

  • Emma dies without a will
  • New husband gets £322,000 + £139,000 = £461,000
  • Emma's children get £139,000 to share
  • Husband can now change his will to leave everything to his children
  • Emma's children may be completely excluded from husband's eventual estate

With a will: Emma could have ensured her children were properly provided for while also caring for her new husband.

Who Gets Nothing Under Intestacy

These people inherit nothing under intestacy rules, no matter how close they were to you:

Unmarried Partners

  • Even after decades together
  • Even if you have children together
  • Even if you owned a home together

They can make a claim under the Inheritance Act, but must go to court (expensive, stressful, uncertain outcome).

Stepchildren

  • Unless you legally adopted them
  • Even if you raised them from infancy
  • Even if they called you mom/dad

Friends

  • No matter how close
  • Even if they cared for you
  • Even if you lived together

Charities

  • No matter how much you supported them
  • Even if you volunteered for years

In-Laws and Extended Family

  • Parents-in-law
  • Siblings-in-law
  • Cousins (unless no closer relatives exist)

Godchildren

  • Even if you were actively involved in raising them

Problems With Intestacy Beyond Distribution

No Named Executors

  • Administrators must be appointed by court
  • Usually close relatives, but may not be your choice
  • May not be organized or capable
  • Process takes longer

No Guardians for Children

  • Courts and social services decide
  • May not choose people you'd want
  • Children have no certainty during traumatic time
  • Potential for family disputes over custody

No Specific Gifts

  • Sentimental items may go to wrong people
  • Family heirlooms could be sold
  • Wishes about possessions ignored

Delays and Costs

  • Intestacy takes longer to resolve than wills
  • Higher legal and administrative costs
  • Assets frozen for longer periods
  • Family faces financial hardship while waiting

Family Conflict

  • Arguments over who should get what
  • Confusion about your wishes
  • Relationships destroyed over money
  • Expensive legal disputes

Intestacy and Property

Jointly Owned Property

How property is owned matters:

Joint Tenants:

  • Property automatically goes to surviving owner
  • Doesn't matter what intestacy rules say
  • Most common for married couples

Tenants in Common:

  • Your share passes via intestacy rules (or your will)
  • May force sale of property
  • Can cause major problems for surviving co-owner

The Family Home Problem

Intestacy can force the sale of the family home:

  • If spouse's share goes to children
  • If unmarried partner owns share
  • If tenants in common ownership

Spouse may need to:

  • Buy out other beneficiaries' shares
  • Sell and move (during grief)
  • Go to court to stay in home

The £322,000 Threshold Explained

The current threshold (£322,000 as of 2026) is the amount a spouse receives before the estate is split with children.

How It Works

Estate worth £300,000:

  • Spouse gets everything (under threshold)
  • Children get nothing until they inherit from surviving spouse

Estate worth £500,000:

  • Spouse gets £322,000
  • Remaining £178,000 is split
  • Spouse gets £89,000 (half)
  • Children share £89,000 (half)
  • Spouse's total: £411,000
  • Children's total: £89,000

Problems This Creates

  • Children may get inheritance before surviving spouse dies
  • May not be enough to support surviving spouse
  • Children may pressure spouse about money
  • Children get less than if parent had made a will

When Children Inherit Under Intestacy

Age of Inheritance

Under intestacy, children receive their inheritance at age 18, regardless of maturity.

Problems:

  • 18-year-olds may not be financially mature
  • Money could be wasted
  • No protection from bad influences
  • No ability to set later age (21, 25, etc.)

Equal Shares

All children get equal shares under intestacy.

This may not reflect:

  • Different needs (one child has disability)
  • Different circumstances (one child is wealthy, one struggling)
  • Relationship differences (estrangement)
  • Different support you provided during life

Management of Children's Money

  • Court appoints financial guardians if no will
  • May not be people you'd choose
  • Limited oversight of how money is managed

How to Avoid Intestacy

The solution is simple: make a will.

What a Will Allows You To Do

  • Choose beneficiaries: Anyone you want, not just relatives
  • Decide proportions: Who gets what percentage
  • Make specific gifts: Leave particular items to particular people
  • Appoint executors: Choose who manages your estate
  • Name guardians: Decide who raises your children
  • Set age for inheritance: 18, 21, 25, or staggered
  • Include conditions: Education, marriage, etc. (within limits)
  • Support causes: Leave money to charities
  • Explain your reasoning: Reduce chance of challenges

It's Easier Than You Think

  • Online services make it simple
  • Takes 20-30 minutes
  • Affordable (from £89)
  • No legal knowledge required
  • Expert review included (with good services)

Take Control Today

Intestacy rules are arbitrary, inflexible, and rarely match anyone's actual wishes. Don't leave your family's future to chance.

With WillsConnect, you can create a proper will that:

  • Distributes your estate exactly as you want
  • Protects unmarried partners
  • Provides for stepchildren
  • Includes friends and charities
  • Names the right guardians and executors
  • Sets appropriate ages for inheritance

The process is straightforward, costs just £89, and includes expert review to ensure everything is legally correct.

Don't let intestacy rules decide your family's future. Start your will with WillsConnect today.