Most people have a rough idea of what they’d want to happen to their estate when they die. But if you haven’t put a valid will in place, those wishes count for nothing. In England and Wales, a strict legal formula called the intestacy rules takes over, and the results can be very different from what you would have chosen.
The intestacy rules follow a hierarchy
When someone dies without a will, their estate is distributed according to the Administration of Estates Act 1925, as amended. The rules follow a fixed order of priority based on family relationships, with no flexibility for individual circumstances. That hierarchy looks like this:
If you are married or in a civil partnership with no children, your spouse or civil partner inherits your entire estate.
If you are married or in a civil partnership and you have children, your spouse or civil partner receives your personal possessions, a statutory legacy of £322,000, and half of whatever remains above that threshold. The other half of the residue is divided equally between your children.
If you have children and no surviving spouse or civil partner, the entire estate is divided equally between your children.
If you have no spouse and no children, the estate passes in order to parents, then full siblings, then half siblings, then grandparents, then aunts and uncles, and so on down the family tree.
If no relatives can be found at all, your estate passes to the Crown under a principle known as bona vacantia.
The people the rules leave out
This is where the rules cause the most distress. Unmarried partners, no matter how long you have lived together, inherit nothing under intestacy. There is no such thing as a “common law spouse” in English law. Research suggests that around half of British adults wrongly believe that cohabiting couples have the same rights as married ones. They do not. A partner who was not married to you or in a civil partnership with you at the date of your death has no automatic entitlement to your estate.
Stepchildren also inherit nothing under intestacy, unless they were legally adopted. If you have stepchildren you have raised and wish to provide for, they will be completely overlooked by the intestacy rules.
Jointly owned property is different
It is worth understanding that not all assets are governed by the intestacy rules. Property owned as joint tenants passes automatically to the surviving owner on death, regardless of any will or intestacy rules. This is known as the right of survivorship. However, if property is owned as tenants in common, each owner holds a distinct share, and that share forms part of the estate and is distributed under the intestacy rules. Many couples do not know which type of ownership they have, so it is worth checking.
The practical consequences
Dying intestate does not just raise questions about who inherits. It also means that whoever administers your estate must apply for Letters of Administration rather than relying on a named executor, which adds time and cost to an already difficult process. Without a will, there is no opportunity to plan around inheritance tax, use trusts to protect vulnerable beneficiaries, or leave gifts to charities or friends.
The 2025 National Wills Report found that only 37% of UK adults have a valid will. That means the majority of people in this country are leaving these decisions entirely to a legal formula drafted nearly a century ago.
Making a will is the solution
Writing a will puts you in control. It ensures the people you love are provided for, the people you do not want to benefit are excluded, and the process of dealing with your estate is as straightforward as possible for those you leave behind.
Our private client team can help you put a will in place that reflects your wishes and protects your family. Get in touch to arrange an initial meeting on 01539 729786.
