Understanding Intestacy Rules in the UK
If someone dies without leaving a valid will, they are said to have died intestate. This triggers the rules of intestacy - a legal framework which determines how their estate is distributed. These rules determine who inherits the deceased's property, money, and possessions. While the system is structured to follow familial ties, it may not reflect what the deceased would have wanted.
This article explains how intestacy works in the UK, who stands to inherit, and why understanding these rules matters for individuals and families alike.
What is Intestacy?
Intestacy occurs when a person dies without a valid will, or if their will fails to dispose of all their assets. This could be because:
- A person dies without a will;
- Their will is invalid (e.g. not signed or witnessed properly); or
- The will fails to fully distribute all parts of the estate
In such cases, the estate is handled by the Probate Registry under the rules of intestacy, which are statutory provisions laid out in the Administration of Estates Act 1925 (as amended).
Intestacy Rules in the UK
The rules of intestacy vary slightly depending on where you live in the United Kingdom. It’s important to identify the correct legal framework before exploring how estates are distributed. The majority of this article refers to intestacy rules in England and Wales, which are governed by the Administration of Estates Act 1925, as amended.
- Scotland operates under a separate legal system. The rules are set out in the Succession (Scotland) Act 1964 and give spouses, civil partners, and children defined legal rights to parts of the estate—even if there is a will.
- Northern Ireland follows a structure similar to England and Wales, but with some differences in entitlements and procedures.
Who Inherits and in What Order?
In England and Wales, inheritance under intestacy is strictly defined by law. The outcome depends on the deceased’s family situation at the time of death
Married or in a Civil Partnership
If the deceased was legally married or in a civil partnership (at the time of death), and the estate is valued above £322,000:
The spouse or civil partner receives:
- All personal possessions;
- The first £322,000 of the estate; and
- Half of the remainder of the estate.
The children receive the other half of the remainder, equally.
If the estate is worth less than £322,000, the spouse or civil partner inherits everything.
Note: Cohabiting partners (even if together for decades) are not entitled under intestacy law.
Not Married and With Children
If there is no spouse or civil partner, but children exist:
- The children inherit the entire estate, divided equally if there are multiple children.
- If a child has died, their children (i.e. the deceased’s grandchildren) inherit their share.
Not Married and No Children
If there is no surviving spouse, civil partner, or children, the estate passes in the following order:
- 1. Parents
- 2. Whole-blood siblings (or their children)
- 3. Half-blood siblings (or their children)
- 4. Grandparents
- 5. Aunts and uncles (whole-blood, then half-blood)
- 6. The Crown (if no relatives survive) – this is called bona vacantia
Common Misunderstandings About Intestacy
The rules of intestacy are designed to follow a fixed legal structure—but this structure doesn’t always reflect the complexity of modern family life. Many people are surprised to learn that their assumptions about inheritance may not align with the law.
Here are some common areas of confusion, clarified:
“My long-term partner will be protected.”
Unfortunately, unmarried partners (including those in long-term cohabiting relationships) are not automatically entitled under the rules of intestacy. Without a valid will, they may not inherit anything from the estate—even if they shared a home, finances, or children with the deceased.
“I’ve raised my stepchildren as my own.”
As things stand, stepchildren are not recognised under intestacy rules unless they have been formally adopted. This can come as a shock to many families where blended households are the norm.
“Everything will go to my children, right?”
Not necessarily. If the deceased was married or in a civil partnership at the time of death, the surviving spouse or partner may be entitled to a significant portion of the estate, with children receiving the remainder—or nothing at all if the estate falls below a certain threshold.
“We’ve separated—my spouse won’t inherit.”
Under current law, legal separation has no effect on inheritance rights. Unless a divorce has been finalised, the surviving spouse is still treated as next of kin under the rules of intestacy.
These rules are not based on personal wishes, emotional bonds, or the practical realities of family life—they are legal defaults. That’s why it’s important to plan ahead and ensure your estate reflects your intentions.
What Happens to the Family Home?
One of the most misunderstood parts of estate planning is what happens to a jointly owned home when someone dies. The answer depends on how the property is legally held—and it can make a huge difference.
Joint Tenants
For joint tenants, both owners are considered to own the whole property together, rather than in defined shares. There’s no 50/50 or 60/40 split—it’s a single, unified ownership. This means that when one of the joint tenants dies, the surviving co-owner automatically inherits the entire property. This happens through a legal principle known as the right of survivorship, and it takes place outside of the rules of intestacy. It also overrides anything written in a will. So, even if the deceased person wanted their share of the home to go to someone else, such as a child or sibling, it wouldn’t happen if the property was held as joint tenants.
Tenants in Common
For tenants in common, each person owns a specific share of the property. That share might be equal or unequal—for example, one person might own 60% and the other 40%. In this arrangement, when one of the owners dies, their share of the property doesn’t automatically go to the surviving co-owner. Instead, it forms part of their estate and is distributed according to their will. If they didn’t leave a will, their share is handled under the rules of intestacy, which could mean it passes to their children, parents, siblings, or another relative, depending on who survives them. This can lead to situations where the surviving co-owner ends up sharing ownership with a relative of the deceased, or in some cases, where the property has to be sold to divide the inheritance.
In cases where the estate includes property and other high-value assets, the statutory cap (£322,000) becomes particularly relevant, as it may lead to the surviving spouse and children sharing ownership or triggering forced sales.
What If There Are No Known Relatives?
If no eligible relatives can be found, the estate passes to the Crown through a process called bona vacantia. In such cases, the Treasury Solicitor (or equivalent body) manages the estate. However, distant relatives may still claim within a limited time period if they can prove entitlement.
Can the Rules of Intestacy Be Challenged?
In some cases, individuals who were financially dependent on the deceased but are not included under the rules (e.g. cohabiting partners, stepchildren) may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This process requires legal action and is not guaranteed to succeed. Courts consider factors such as:
- The nature of the relationship;
- Financial dependence; and
- The size and complexity of the estate.
In Summary
The rules of intestacy provide a legal framework for distributing someone’s estate when no valid will exists. While the system is structured and predictable, it doesn’t always reflect the complexity of real families or personal relationships. People who were close to the deceased—such as unmarried partners, stepchildren, or carers—may find themselves left out entirely, not through neglect, but because the law doesn’t account for them.
Understanding how intestacy works, including the specific rules in different parts of the UK, helps individuals and families make informed decisions. It highlights why making a will is so important—not just as a legal formality, but as a way to ensure that personal wishes are respected, and that those we care about are protected.
Whether you're planning your own estate or helping someone navigate a bereavement, knowing the basics of intestacy can make a difficult time a little clearer—and prevent unintended consequences at an already emotional moment.