Rules of Intestacy

If someone dies without a valid Will, their estate is distributed according to the rules of intestacy. These are strict legal rules that determine who inherits, and in what order, regardless of personal wishes or family circumstances.

Under these rules, only certain relatives can inherit, such as spouses, civil partners, and close family members. Unmarried partners, no matter how long the relationship, are not automatically entitled to anything. This can lead to outcomes that may not reflect what the person would have wanted.

The exact distribution depends on factors such as whether the person was married and whether they had children and the size of the estate. For example, if you have children, your spouse may not inherit all of the estate - currently (2026), they are only entitled to the first £322,000 outright and half the remainder - the other half goes to the children.

The Government has a tool you can work things out with, if that is useful: Check who can apply for probate and inherit if someone dies without a will - GOV.UK  or why not contact us to chat through whether you need to worry about them...

Relying on intestacy can create uncertainty, delays, and potential disputes between family members. It can also make the administration of the estate more complicated.

➡️ Finally, it helps to understand what happens after death—this is where probate comes in.