When someone dies without a valid will in England and Wales, their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules determine who inherits and in what proportions, regardless of the deceased's wishes or the expectations of those left behind. The results can be surprising and sometimes unfair.
The intestacy rules create a strict order of priority. If the deceased was married or in a civil partnership at the time of death and leaves children, the spouse inherits all personal property, a statutory legacy of 322,000, and half the remainder of the estate. The children inherit the other half of the remainder equally, held in trust until they reach 18.
If the deceased was married and leaves no children, the spouse inherits the entire estate. If there is no spouse or civil partner, the estate passes to the children equally. If there are no children, it passes to parents, then to siblings, then to half-siblings, then to grandparents, and so on through progressively more distant relatives. If no relatives can be found, the estate passes to the Crown.
This is where the intestacy rules produce the most significant injustice. A cohabiting partner, regardless of how long the relationship has lasted or how financially dependent they are, receives nothing under the intestacy rules. Only married or civil partnership spouses inherit. A cohabiting partner who wishes to make a claim against the estate must apply under the Inheritance (Provision for Family and Dependants) Act 1975, which is a separate and more uncertain process.
Yes, in limited circumstances. Beneficiaries who have inherited under the intestacy rules can enter into a deed of variation within two years of the death to redirect their inheritance to others. This must be done voluntarily and with the agreement of all affected parties. It can be a useful tool for tax planning or to achieve a fairer outcome where the intestacy rules have produced an unintended result.
The intestacy rules determine who inherits when there is no will. Spouses and civil partners are protected; cohabiting partners are not. Children inherit subject to the spouse's prior entitlement. Cohabiting partners must make a claim under the 1975 Act. Beneficiaries can redirect their inheritance through a deed of variation within two years. Making a will is the only way to ensure your estate goes to who you intend.
Getting the right advice early can make a significant difference to the outcome of your case. Reach out to the Barrister Connect team today.