What Are Intestacy Rules? UK Law on Dying Without a Will

When someone dies without a will in the UK, their estate is distributed according to legal guidelines called intestacy rules. These laws determine who inherits the deceased’s assets and in what proportion.  

This guide explains UK intestacy laws, who stands to inherit, and what steps you might need to take when no will has been left. 

What Happens If Somebody Dies Without a Will? 

When a person dies without a will, they are said to have died "intestate".  

Without clear written instructions, their estate – this includes money, property, and personal possessions – is distributed according to a strict legal framework outlined by UK intestacy laws. These rules dictate who is entitled to inherit and take no account of personal relationships or wishes. Importantly, cohabiting partners (unmarried and not in a civil partnership) are not covered under these rules, regardless of how long they have lived together. 

Who Can Inherit Under Intestacy Rules? 

The inheritance process follows a predefined hierarchy that prioritises certain family members over others. Here's how it works: 

If the Deceased Was Married or in a Civil Partnership: 

1. Spouse or Civil Partner  

The spouse or civil partner receives: 

• All personal possessions. 

• The first £270,000 of the estate. 

• Half of the remaining estate.  

• The remaining half of the estate is passed to the deceased’s children (or grandchildren, in the case of a child's prior death).  

Important Note: A surviving spouse or civil partner will inherit everything if there are no children. 

1. Children  

• If the estate value exceeds the £270,000 threshold, half of the remaining funds are divided equally between the children.  

• If the child has predeceased the parent but has children themselves, those grandchildren inherit their deceased parent's share. 

If the Deceased Was Single: 

1. Children  

• If the deceased had children, the entire estate is divided equally among them. If no children survive, grandchildren may inherit directly. 

    2. Parents 

• If there are no children or grandchildren, the estate will pass to the deceased's surviving parents. 

    3. Siblings 

• If no parents are alive, siblings may inherit next. If siblings have passed, their children (the deceased’s nieces or nephews) can inherit their share.  

Other Potential Heirs: 

• Grandparents 

• Aunts and uncles (or their children, if deceased)  

If no living relatives can be identified, the estate is passed to the Crown, also referred to as "bona vacantia". This typically applies where the deceased has no traceable family. 

What Do Intestacy Rules Mean for Unmarried Partners?  

One of the most controversial aspects of intestacy rules is their exclusion of unmarried or cohabiting partners. Even if a couple lived together for decades, the surviving partner has no automatic legal claim to the deceased's estate.  

Can Intestacy Rules Be Challenged?  

Yes, intestacy rules can sometimes be challenged under the Inheritance (Provision for Family and Dependants) Act 1975. This law allows dependants or close family members who were financially reliant on the deceased to make a claim for reasonable provision. However, pursuing a legal challenge can be time-consuming and complex, requiring expert legal guidance.  

It’s worth noting that even if you’re successful in challenging intestacy distribution, the process can be an emotionally and financially draining experience. Having a formal will in place greatly simplifies this process for everyone involved. 

Steps to Take When Someone Dies Intestate  

If you’re dealing with the estate of someone who died intestate, there are specific steps to follow: 

Apply for Letters of Administration  

You’ll need to apply for legal authority to manage the estate, known as a "grant of representation." This process is often handled by the most entitled beneficiary under intestacy rules. 

Identify All Assets and Liabilities  

Next, the estate’s total value must be calculated. This involves identifying assets such as property, savings, and pensions, as well as debts or liabilities. 

Follow the Intestacy Rules  

Once everything is accounted for, the estate must be distributed in line with the laws outlined above. If disputes arise, seeking legal advice, just as from a specialist wills and inheritance barrister, is strongly recommended. 

Seek Professional Support  

Dealing with probate and intestacy can feel overwhelming—but you don’t have to handle it alone. Specialist legal services can help ensure the estate is managed properly and fairly.