Intestacy

Who will inherit if there is no will?

If someone dies without making a will or disposing of all their assets in their will, they have ‘died intestate’ and as a result their estate will be shared out according to the “rules of intestacy”. 

The rules, as set out in the Administration of Estates Act 1925, determine who will inherit the possessions of the intestate person and how much each will get. The final outcome depends on the deceased’s personal circumstances.
 
A brief summary of these rules are that, when there is no will, the estate goes to the nearest relative or relatives. The order of priority is spouse/civil partner, then children, then parents, then siblings and so on. The amount inherited depends on how much is in the estate, and which blood relatives survive.
 
The intestacy rules are complex and can produce complications. For example:
 
- Although a spouse/civil partner is the first person entitled to the estate the estate. Only the first £450,000 is inherited unconditionally when there are no children and only the first £250,000 when there are children.
 
- Jointly owned property does not automatically pass to the surviving partner where couples jointly owned a home as tenants in common.

- Partners that have separated informally will be entitled to a share.

A major problem with these rules is that if you do not have a valid will then not everyone in your life is entitled to inherit.

So who cannot inherit under these rules?

The following have no right to inherit where someone dies without leaving a will.

-unmarried partners

-Lesbian or gay partners not in a civil partnership

-Relations by marriage

-Close friends

-Carers

If a dependent cannot inherit under the rules of intestacy, it is still possible to make a claim if they feel that they have not received 'reasonable financial provision' from the estate.
 
If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown.

It is possible to rearrange the way the estate is shared out by making a deed of family arrangement or variation. But this is an administrative burden to your family members, and can be easily prevented by having a will in place.

It is never nice having to think of your own mortality, but you will want comfort that on your passing your nearest and dearest are given what you want to provide to them. Otherwise your loved ones could be caught up in legal wrangling, for years.

This is a simple guide only, reflecting the law for dates of death after 1 February 2009. There may be exceptions to the general rule which are not set out. Appropriate professional advice should be taken before acting on any understanding of the law as set out on this webpage.

It is imperative you make a will.