What happens when you die without a will? Understanding the Rules of Intestacy

Many people delay making a will, believing it is only necessary if they own substantial assets or have complicated finances. In reality, this belief can cause serious problems. Recent figures show that around half of UK adults in 2024, rising to over 56 per cent in 2025, died without leaving a valid will. For families already dealing with grief, this can mean unexpected legal complications, added stress, and even disputes over inheritance. Failing to make a will does not just affect the individual, it can have lasting consequences for those left behind.

 What are the rules of intestacy?

 When someone dies without a valid will, they are said to have died intestate. In these circumstances, their estate is distributed according to the Rules of Intestacy, set out primarily in the Administration of Estates Act 1925. These rules apply not only when no will exists, but also when a will is declared invalid due to errors in drafting, signing, or witnessing.

Crucially, intestacy removes personal choice. Instead of loved ones inheriting according to the deceased’s wishes, the law dictates who receives what. This can produce outcomes that are unexpected, unfair, or completely contrary to what the person would have wanted.

Who inherits if there is no will?

 In England and Wales, the intestacy rules follow a strict order of priority.

Surviving spouse or civil partner

A surviving spouse or civil partner takes precedence:

• If there are no children, they inherit the entire estate.
• If there are children and the estate exceeds £322,000, the spouse or civil partner receives the first £322,000 plus half of the remaining balance. The other half is divided equally between the children.
• If the estate is worth £322,000 or less, it passes entirely to the spouse or civil partner, leaving the children with no immediate entitlement.

Children (where there is no spouse or civil partner)

If there is no surviving spouse or civil partner, the estate is divided equally among the deceased’s children. If a child has already died, their share will usually pass to their own children.

Parents and siblings

Where there is no spouse, civil partner, or children:

• The estate passes to the deceased’s parents.
• If the parents have died, it is shared between siblings. If a sibling has already died, their share may pass to their children.
• In the absence of full siblings, half-siblings and their descendants may inherit.

Extended family and the crown

If no close relatives can be found, more distant relatives such as aunts, uncles, nieces, nephews, or cousins may inherit, following the statutory order. Where no eligible relatives exist, the estate becomes bona vacantia and passes to the Crown.

Who is excluded under the intestacy rules?

 The intestacy rules can exclude many people who may have been central to the deceased’s life, including:

• Unmarried or cohabiting partners
• Stepchildren who have not been legally adopted
• Former spouses or civil partners following divorce or dissolution
• Friends, carers, and relatives by marriage

This is particularly harsh for cohabiting couples and blended families. No matter how long a couple lived together, an unmarried partner has no automatic right to inherit under intestacy law.

Exceptions to intestacy: what happens to joint assets?

 Not all assets are governed by the intestacy rules. Jointly owned property and accounts are treated differently, depending on how they are legally held.

Jointly owned property (joint tenants):

Where property is owned as joint tenants, there are no individual shares. On death, the deceased’s interest passes automatically to the surviving owner through the right of survivorship, meaning the property does not form part of the intestate estate.

 Property owned as tenants in common:

Where property is owned as tenants in common, each owner holds a separate share. There is no right of survivorship, so the deceased’s share becomes part of their estate and is distributed under the intestacy rules.

Joint bank accounts

Joint bank or building society accounts usually pass automatically to the surviving account holder. However, this may be challenged if there is clear evidence that the funds were held on trust rather than intended to be shared beneficially.

Conclusion: Dying without a will means surrendering control over who inherits your estate. The rigid rules of intestacy can overlook partners, stepchildren, and others who may have played a vital role in your life, often leading to confusion, conflict, and distress for families. Making a will is a simple yet powerful way to ensure your wishes are respected and your loved ones are protected.

For further advice on wills and intestacy, BULAC can provide guidance. To arrange an appointment, please call 01248 388411 or email bulac@bangor.ac.uk.