What actually happens to your estate if you die without a will in the UK

If you die without a valid will in England or Wales, you are said to have died intestate. The intestacy rules set out who inherits your estate and in what order. Those rules are fixed by statute, and they may not match what you would have wanted.

For some families, the intestacy rules will produce a roughly sensible outcome. For others, particularly those with more complex family structures, the result can cause real hardship.

The order of inheritance under intestacy

The intestacy rules follow a strict hierarchy. Your spouse or civil partner comes first. If you are survived by a spouse and children, the spouse receives the first £322,000 of the estate plus all personal possessions and half of anything above that. Your children share the other half.

If you have no surviving spouse or civil partner, your estate passes in this order: children, grandchildren, parents, siblings, half-siblings, grandparents, aunts and uncles. If no relatives can be found, the estate passes to the Crown.

Cohabiting partners inherit nothing

This is the most common and most painful outcome. In England and Wales, there is no such thing as a common law spouse in the eyes of the law. If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate under the intestacy rules.

A couple who have lived together for twenty years, raised children together, and share a home can find that the surviving partner has no legal claim to the property or savings they built together. They may be able to bring a court claim, but this is far from guaranteed.

Children inherit at 18, outright

Under intestacy, children inherit at 18 with no conditions attached. There is no trust, no oversight, no ability to defer the inheritance until they are older or better placed to manage it.

For a parent who would have preferred their children to receive an inheritance at 25, or gradually, or only for specific purposes, this is a significant loss of control. A properly drafted will allows you to set whatever conditions you think appropriate.

Stepchildren and close friends are excluded

Stepchildren who have not been formally adopted have no right to inherit under intestacy. Neither do close friends, unmarried partners of your children, or anyone else who is not a blood relative or legally recognised spouse.

The practical complications of dying intestate

• The estate cannot be dealt with quickly. Without a named executor, someone must apply to the court for letters of administration.
• Jointly held property may still pass outside the estate, depending on how it is held, but other assets are frozen until administration is granted.
• Disputes between family members are more likely when there is no written record of your wishes.
• Minor children may need a court-appointed guardian if both parents die without naming one in a will.

A straightforward problem to solve

Writing a will is one of the most practical things you can do for your family. It does not have to be complex or expensive, and for most people, a standard will drafted by a solicitor or qualified specialist is enough.

Devonshire Wealth can connect you with a qualified will-writing solicitor who can help you put a valid will in place quickly. Visit our will writing page to get started.