What happens if you die without a will?

When someone dies without a valid will, they are said to have died "intestate." Their estate - everything they owned - is then distributed according to a fixed set of rules laid down by law, called the rules of intestacy. These rules apply in England and Wales and do not take account of the deceased person's wishes, their relationships, or the needs of the people left behind. The results can be very different from what most people would want.

The rules of intestacy in full

The intestacy rules follow a strict order of priority. Only the people in the highest applicable category inherit. Here is the full hierarchy:

Married or in a civil partnership, with children

The surviving spouse or civil partner receives:

• All personal possessions (clothes, furniture, cars, jewellery, and so on)
• The first £322,000 of the estate (this figure is called the "statutory legacy" and is set by the government - it was last updated in July 2023)
• Half of everything that remains above £322,000

The other half of the remainder is divided equally among the children. If a child has died before the parent, that child's share passes to their own children (the deceased's grandchildren).

For many families, this means the surviving spouse does not inherit the entire estate. If the family home is worth a lot, the surviving spouse could even be forced to sell it to pay the children's share.

Married or in a civil partnership, without children

The surviving spouse or civil partner inherits the entire estate.

Not married and not in a civil partnership

If the deceased was not married or in a civil partnership, the estate passes in the following order. Each category only applies if nobody in a higher category survives:

1. Children (or their descendants) - shared equally
2. Parents - shared equally if both survive
3. Full siblings (brothers and sisters who share both parents) - shared equally. If a sibling has died, their share goes to their children.
4. Half-siblings (brothers and sisters who share one parent) - shared equally
5. Grandparents - shared equally
6. Uncles and aunts (full blood) - shared equally
7. Uncles and aunts (half blood) - shared equally
8. The Crown (known as "bona vacantia") - if no relatives can be found, the estate passes to the government

Who does NOT inherit under intestacy?

The intestacy rules completely exclude several groups of people who you might expect to inherit:

• Unmarried partners - no matter how long you have lived together or whether you have children together, a cohabiting partner has no automatic right to inherit under intestacy. This is one of the most common and painful consequences of dying without a will.
• Stepchildren - unless they have been legally adopted, stepchildren receive nothing.
• Friends and carers - even people who provided years of care receive nothing.
• Charities - if you wanted to leave a gift to a charity, that can only be done through a will.
• In-laws - brothers-in-law, sisters-in-law, and other relatives by marriage are excluded.

What happens to property?

If the deceased owned a property jointly with another person as "joint tenants," the property automatically passes to the surviving joint owner regardless of intestacy rules. However, if the property was owned as "tenants in common" (where each person owns a defined share), the deceased's share forms part of the estate and is distributed according to the intestacy rules. This can create a very difficult situation, especially if the surviving partner is not married to the deceased and has no automatic right to their share of the home.

Can someone make a claim against an intestate estate?

Yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can ask the court for "reasonable financial provision" from the estate if the intestacy rules leave them without adequate support. People who can make a claim include:

• A spouse or civil partner
• A former spouse or civil partner who has not remarried
• A cohabiting partner who lived with the deceased for at least two years before the death
• A child of the deceased (including adult children)
• Anyone who was being financially maintained by the deceased

However, making a court claim is expensive, stressful, uncertain, and can take a long time. It is not a reliable substitute for having a will in place. The probate process for an intestate estate is also more complex.

How to avoid intestacy

The only way to make sure your estate goes to the people you choose, in the proportions you choose, is to make a valid will. This is especially important if you are not married, if you have a blended family, or if you want to provide for anyone who would not inherit under the intestacy rules. You should also review your will regularly - after major life events such as marriage, divorce, the birth of a child, or buying a property - to make sure it still reflects your wishes.