What is intestacy?
Intestacy is what happens when someone dies without a valid will. Statutory rules then decide who inherits, in a fixed order prioritising spouses and blood relatives. Unmarried partners, stepchildren, friends and charities receive nothing, however close the relationship was.
Under the England and Wales rules, a surviving spouse or civil partner takes the personal possessions, a fixed statutory legacy, and then a share of the remainder, with the balance passing to any children. Where there is no spouse, the estate passes down a set order of relatives and, if none exists, to the Crown.
Partial intestacy is also common and less well known: a will that fails to dispose of the residuary estate leaves that part to be distributed under the intestacy rules, even though a will exists.
Because there is no executor, someone must apply for letters of administration before the estate can be dealt with — which adds delay at the worst possible time.