Intestacy Rules
When someone dies without leaving a valid will, the intestacy rules determine who is entitled to inherit their estate. The intestacy rules are set out in the Administration of Estates Act 1925 and produce results that many families find surprising — and sometimes deeply unfair. Unmarried partners of many years, close friends, stepchildren and carers have no automatic entitlement under the intestacy rules. Understanding who is — and who is not — covered is essential for anyone dealing with an estate where there is no will.
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What Are the Intestacy Rules?
The intestacy rules are the legal rules that govern who inherits an estate where the deceased died without leaving a valid will — known as dying intestate. The intestacy rules create a strict order of priority, and only those who fall within that order are entitled to inherit from the estate. There is no discretion under the intestacy rules — they apply mechanically regardless of the wishes the deceased may have expressed informally during their lifetime.
Who Inherits Under the Intestacy Rules?
The intestacy rules set out a strict priority order. The rules that apply depend on who survived the deceased:
Married or Civil Partner With Children The surviving spouse or civil partner inherits all personal possessions and the first £322,000 of the estate outright. Anything above that threshold is divided equally — half to the surviving spouse or civil partner, half shared equally between the children.
Married or Civil Partner With No Children The surviving spouse or civil partner inherits the entire estate outright under the intestacy rules, regardless of value.
Children But No Surviving Spouse or Civil Partner The estate is divided equally between the children under the intestacy rules. If a child has already died, their share passes to their own children — the intestate’s grandchildren.
No Spouse, Civil Partner or Children The intestacy rules then look to other relatives in strict order of priority — parents, siblings, half-siblings, grandparents, aunts and uncles, and half-aunts and half-uncles. If no qualifying relatives can be identified, the entire estate passes to the Crown as bona vacantia.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Who Is Not Covered by the Intestacy Rules?
The intestacy rules do not recognise the following relationships, regardless of how long-standing or committed they may have been:
- Unmarried partners — commonly known as common-law partners, they have no entitlement whatsoever under the intestacy rules, regardless of how long they lived together or how many children they shared
- Stepchildren — they have no entitlement under the intestacy rules unless they were formally and legally adopted by the deceased
- Close friends — regardless of how close or important the relationship was during the deceased’s lifetime
- Carers — even where a carer provided years of dedicated and compassionate care to the deceased
If you believe you should be entitled to a share of an estate but have been excluded by the intestacy rules, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Please contact us to discuss your specific circumstances — time limits apply.
Administering an Intestate Estate
Where someone dies without a will, the intestacy rules also determine who can administer the estate. Rather than an executor, the person who administers an intestate estate is called an administrator, and they apply for Letters of Administration rather than a Grant of Probate. The probate process and estate administration steps are otherwise broadly similar, including the requirement to complete an inheritance tax return where the estate exceeds the available threshold.
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Why the Intestacy Rules Highlight the Importance of Making a Will
The intestacy rules illustrate clearly why making a will is so important. Without a will, you have no control over who inherits your estate — the intestacy rules decide for you. Common situations where the intestacy rules produce results that people would never have chosen include:
- Unmarried partners of many decades receiving nothing at all
- Estranged relatives inheriting ahead of long-standing friends or devoted partners
- Stepchildren receiving nothing while biological children inherit everything
- Children inheriting half the estate at a time when the surviving spouse needed it all for their own care
Making a will is the only way to ensure that your estate passes to the people you choose, in the proportions you choose.
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Frequently Asked Questions About the Intestacy Rules
Do the intestacy rules apply if there is a will?
No. The intestacy rules only apply where there is no valid will. If part of the estate is not covered by the will — for example, assets acquired after the will was made — the intestacy rules may apply to that part of the estate.
Can an unmarried partner claim under the intestacy rules?
Not directly. Unmarried partners have no automatic entitlement under the intestacy rules. However, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased or lived with them for at least two years immediately before the death.
What happens if a child dies before the intestate?
Under the intestacy rules, if a child of the intestate has already died, that child’s share passes to their own children — the intestate’s grandchildren — provided they survive to age 18 or marry before that age.
Can the intestacy rules be changed by agreement?
Yes. All the beneficiaries entitled under the intestacy rules can agree to vary the distribution of the estate by entering into a Deed of Variation within two years of the death. This can also have significant inheritance tax advantages in certain circumstances.
What if the estate is very small?
Small estates — typically those worth less than £5,000 with no property — may be dealt with without applying for Letters of Administration, even under the intestacy rules. We can advise you on whether a formal application is required in your specific circumstances.
Speak to Simon Jenkins and the Team Today
If you are dealing with an estate where there is no will, or if you have questions about the intestacy rules, call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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