Intestacy laws: What happens if you die without a will?

Making a will is essential to ensure your assets are distributed according to your wishes when you pass away. But what happens if you die without a will in place? In this situation, intestacy laws come into effect, determining who inherits your estate based on a set of legal guidelines.

In this article, we’ll explore how intestacy rules work in the UK, who inherits your assets when you don’t have a will, and why it’s important to create one to avoid confusion and disputes.

What are intestacy laws?

Intestacy laws are the legal guidelines that dictate how a person’s estate is distributed if they die without leaving a valid will. In the UK, these rules are strict, and they follow a clear hierarchy to determine who is entitled to inherit.

Under these laws, only certain relatives can inherit, and the distribution of assets is based on their relationship to the deceased. Intestacy rules don’t take into account personal wishes or relationships outside the legal family structure, which can lead to outcomes you might not expect.

How do intestacy rules work in the UK?

When someone dies without a will, their estate is distributed according to a set formula. This is what typically happens based on who survives the deceased:

1. If you have a spouse or civil partner

If you’re married or in a civil partnership when you die, your spouse or civil partner will generally inherit the majority of your estate. However, how much they receive depends on whether you have children.

• With children: Your spouse or civil partner will inherit the first £270,000 of your estate and all your personal belongings. The remaining estate is split, with 50% going to your spouse or civil partner and 50% shared equally among your children.
• Without children: If you don’t have children, your spouse or civil partner will inherit the entire estate.

2. If you have children

If you have children, they are next in line under rules of intestacy. If there is no surviving spouse or civil partner, your children will inherit the estate equally. It’s important to note that children only inherit if they are biological or legally adopted. Stepchildren do not automatically inherit under intestacy rules.

3. Other relatives

If you die without a spouse, civil partner, or children, your estate will be passed to other family members in the following order:

1. Parents
2. Siblings (or their children, if siblings are deceased)
3. Half-siblings
4. Grandparents
5. Aunts and uncles (or their children, if deceased)
6. Half-aunts and uncles

If there are no surviving relatives, your estate passes to the Crown (the government) under a rule known as “bona vacantia”.

Who doesn’t inherit under intestacy laws?

While intestacy laws prioritise close family members, many people are excluded from inheriting if you die without a will, even if they were close to you.

Here’s who doesn’t automatically inherit under intestacy rules:

• Unmarried partners (even if you’ve lived together for years)
• Stepchildren (unless legally adopted)
• Close friends or carers
• Charities or organisations

Without a will, these individuals won’t receive anything from your estate unless they go through a lengthy legal process to contest the distribution.

Why it’s important to make a will

Dying without a will means that rules of intestacy will control the distribution of your estate, and the outcome may not reflect your wishes.

This can lead to complications, disputes, and financial issues for those you leave behind, and is why everyone should have a will.

Reasons to make a will:

• Control over inheritance: A will allows you to decide who inherits your estate, ensuring that all your loved ones are provided for.
• Protecting your partner: If you’re not married or in a civil partnership, your partner won’t inherit anything under the rules unless you have a will in place.
• Avoiding disputes: A clear will reduces the risk of family disputes and ensures your assets are distributed smoothly.
• Guardianship for children: If you have young children, a will allows you to name guardians who will care for them, which isn’t possible under intestacy laws.

Final thoughts

Intestacy laws ensure that your estate is distributed to close family members if you die without a will, but they may not align with your personal wishes.

Without a will, unmarried partners, stepchildren, and friends are often left out, and your estate could end up in the hands of distant relatives or the Crown.

Making a will is the only way to ensure that your assets are distributed according to your wishes and that your loved ones are properly taken care of.