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Written by: Curt Thomas, Head of Private Client Services at Ives & Co Solicitors
If you die without a valid Will in England and Wales, your estate will usually be distributed according to the rules of intestacy. These rules determine who inherits your money, property and possessions, regardless of what you may have wanted.
Your spouse or civil partner, children or other eligible relatives may inherit your estate, depending on your family circumstances. However, unmarried partners, friends and stepchildren who have not been legally adopted do not automatically inherit under the intestacy rules.
Dying without a Will can create uncertainty for your loved ones, particularly if you own property, have children or live with a partner to whom you are not married.
Understanding what happens without a Will can help you decide whether you need to put arrangements in place.
Table of Contents
- What happens if you die without a Will? At a glance
- What are the rules of intestacy?
- Who inherits if you are married or in a civil partnership?
- What happens if you have children?
- What happens if you are unmarried?
- Who inherits if you have no spouse or children?
- What happens to your property?
- Who deals with your estate if there is no Will?
- Can someone challenge the intestacy rules?
- What problems can arise without a Will?
- How can making a Will protect your wishes?
- Frequently asked questions
- Speak to a Solicitor
What Happens If You Die Without a Will? At a Glance
When someone dies without a valid Will, they are said to have died intestate.
In England and Wales:
- The intestacy rules determine which eligible relatives inherit.
- A spouse or civil partner may inherit some or all of the estate.
- Children may inherit, depending on the circumstances.
- Unmarried partners do not automatically inherit under the intestacy rules.
- Stepchildren who have not been legally adopted do not automatically inherit.
- Someone entitled under the relevant rules may need to apply to administer the estate.
- If no eligible relatives can be identified, the estate may eventually pass to the Crown.
The outcome depends on your family circumstances, the value of your estate and how particular assets are owned.
What Are the Rules of Intestacy?
The rules of intestacy are the legal rules that determine who inherits when someone dies without a valid Will.
They establish an order of priority among eligible family members.
Unlike a Will, which allows you to choose your beneficiaries, the intestacy rules apply automatically.
This means that someone you wanted to benefit may receive nothing, while another relative may inherit even if you had little contact with them.
The rules also apply where a Will is invalid. In some circumstances, they can apply to assets that have not been effectively dealt with by an otherwise valid Will.
Not every asset necessarily forms part of the estate distributed under the intestacy rules. For example, jointly owned property may pass automatically to the surviving owner, depending on how it is held.
Who Inherits If You Are Married or in a Civil Partnership?
A surviving spouse or civil partner has important inheritance rights under the intestacy rules.
However, being married does not always mean your spouse will inherit everything.
The outcome depends on whether you leave children or other descendants.
If You Are Married and Have No Children
If you die without a Will and leave a surviving spouse or civil partner but no children or other descendants, your spouse or civil partner will generally inherit your entire estate under the intestacy rules.
If You Are Married and Have Children
Where you leave a spouse or civil partner and children, the rules are different.
Under the current rules, if the estate subject to intestacy exceeds £322,000, the surviving spouse or civil partner generally receives:
- Your personal possessions, subject to the statutory definition
- The first £322,000 of the estate
- Half of the remaining estate
Your children, or other qualifying descendants, inherit the other half of the remaining estate.
If the estate is worth £322,000 or less, the surviving spouse or civil partner will generally inherit the whole estate.
The £322,000 amount is known as the statutory legacy. It can change, so the figure applicable to the date of death should always be checked.
These rules can produce an outcome that differs significantly from what you intended, particularly if you have children from a previous relationship.
What Happens If You Have Children?
Children have inheritance rights under the intestacy rules, although what they receive depends on whether you leave a surviving spouse or civil partner.
If you die without a spouse or civil partner, your children will generally inherit your estate in equal shares.
If a child has died before you, leaving children of their own, those descendants may inherit the share their parent would otherwise have received.
The rules generally treat biological and legally adopted children equally.
However, stepchildren do not automatically inherit from a stepparent unless they have been legally adopted.
If you want a stepchild to benefit from your estate, making a Will is particularly important.
What If Your Children Are Under 18?
Where a child inherits under the intestacy rules, their inheritance will normally be held and managed until they reach the age at which they become entitled to receive it, generally 18.
A Will can allow you to consider more tailored arrangements, including appointing trustees and establishing appropriate provisions for managing an inheritance.
You can also use a Will to nominate guardians for children under 18, although the legal effect of that appointment depends on the circumstances and existing parental responsibility.
What Happens If You Are Unmarried?
For unmarried couples, dying without a Will can have particularly serious consequences.
In England and Wales, there is no general legal status of “common-law spouse” that gives an unmarried partner the same inheritance rights as a husband, wife or civil partner.
This means that your partner will not automatically inherit under the intestacy rules, even if you have lived together for many years or have children together.
For example, if you own a property in your sole name and die without a Will, your unmarried partner will not automatically inherit it.
The property may instead pass to your children or other eligible relatives.
Where you own a home jointly, the outcome depends on the legal ownership arrangements.
An unmarried partner may be able to make a claim against the estate in certain circumstances, but this is not automatic and may involve legal proceedings.
Making a Will can help provide greater certainty for your partner and reduce the risk of disputes.
Who Inherits If You Have No Spouse or Children?
If you die without a spouse, civil partner, children or other descendants, the intestacy rules look to other eligible relatives.
Depending on who survives you, the estate may pass to:
- Your parents
- Your brothers and sisters of the whole blood, or qualifying descendants
- Your brothers and sisters of the half blood, or qualifying descendants
- Your grandparents
- Your uncles and aunts of the whole blood, or qualifying descendants
- Your uncles and aunts of the half blood, or qualifying descendants
The statutory rules determine which category takes priority.
If no relatives entitled under the intestacy rules can be identified, the estate may pass to the Crown as bona vacantia.
This does not mean the Crown automatically receives an estate simply because there is no Will. Eligible relatives must be considered first.
What Happens to Your Property If You Die Without a Will?
If you own a property, what happens after your death depends partly on how it is legally owned.
Property Owned as Joint Tenants
If you own a property with someone else as beneficial joint tenants, your interest will normally pass automatically to the surviving joint owner or owners.
This is known as the right of survivorship.
The property passes in this way regardless of whether you have a Will.
Property Owned as Tenants in Common
If you own a property as tenants in common, you each own a distinct share.
Your share does not automatically pass to the surviving owner.
Instead, it forms part of your estate and will pass under your Will or, if you die without a valid Will, according to the intestacy rules.
Property Owned in Your Sole Name
If the property is owned solely by you, it will generally form part of your estate.
Who inherits it will depend on the intestacy rules and your family circumstances.
This can be particularly important for unmarried couples, blended families and anyone who wants a particular person to remain living in the property after their death.
Who Deals with Your Estate If There Is No Will?
When someone makes a Will, they can appoint executors to deal with their estate.
Without a Will, there is no executor appointed by the deceased.
Instead, the person entitled under the relevant rules may apply for a grant of letters of administration, where one is required.
The person appointed is known as the administrator.
Their responsibilities can include:
- Identifying and valuing the estate
- Gathering information about assets and liabilities
- Dealing with relevant tax requirements
- Collecting money and other assets
- Paying outstanding debts and expenses
- Distributing the remaining estate to those entitled to inherit
The person who administers the estate must follow the applicable legal rules, rather than distributing assets according to what they believe the deceased would have wanted.
Not every estate requires a formal grant, but administering an estate without a Will can become complicated, particularly where there are property interests, multiple beneficiaries or disagreements.
Can Someone Challenge the Intestacy Rules?
Although the intestacy rules determine who inherits, certain people may be entitled to apply to the court for financial provision from an estate.
For example, an unmarried partner or someone who was financially dependent on the deceased may be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
However, eligibility to bring a claim does not guarantee that the court will award anything.
There are also strict time limits associated with many claims.
In some circumstances, beneficiaries may agree to alter the distribution of an estate through a deed of variation.
These matters can be legally complex and professional advice should be obtained.
What Problems Can Arise Without a Will?
Dying without a Will does not automatically mean your estate will be disputed or difficult to administer.
However, it can create problems that may have been avoided through appropriate planning.
Your Wishes May Not Be Followed
The intestacy rules do not take account of informal promises or conversations about who you wanted to inherit.
Your Partner May Not Be Protected
If you are unmarried, your partner may receive nothing under the intestacy rules, even after a long relationship.
Family Disagreements May Arise
Relatives may have different expectations about inheritance, particularly in blended families.
Estate Administration May Be More Complicated
Without an appointed executor, it may be necessary to establish who is entitled to administer the estate and obtain the relevant authority.
Your Estate May Not Be Distributed as You Intended
You cannot use the intestacy rules to leave particular gifts to friends, charities or other people outside the statutory order.
Making a Will can help reduce uncertainty and provide clearer instructions for those dealing with your affairs.
How Can Making a Will Protect Your Wishes?
A properly prepared Will allows you to make decisions about your estate rather than relying on the intestacy rules.
You can use a Will to:
- Choose who inherits your assets
- Leave particular gifts to individuals or charities
- Appoint executors you trust
- Make arrangements for children and other dependants
- Consider trusts where appropriate
- Provide for an unmarried partner
- Address particular family circumstances
A Will is especially important if you own property, have children from different relationships or want to benefit someone who would not otherwise inherit under the intestacy rules.
You should also review your Will when your circumstances change, including marriage, divorce, the birth of children or significant changes in your finances.
Frequently Asked Questions
What happens if I die without a Will in England and Wales?
If you die without a valid Will, your estate will generally be distributed according to the rules of intestacy. These determine which eligible relatives inherit, rather than allowing your personal wishes to decide.
Does my spouse automatically inherit everything if I die without a Will?
Not always. If you have no children or other descendants, your spouse or civil partner will generally inherit your entire estate. If you have children, they may also be entitled to inherit, depending on the value of the estate.
Will my unmarried partner inherit if I die without a Will?
No, an unmarried partner does not automatically inherit under the intestacy rules in England and Wales. Some assets may pass through joint ownership or other arrangements, and certain partners may be eligible to bring a claim against the estate.
What happens if I die without a Will and have children?
If you have children but no surviving spouse or civil partner, your children will generally inherit your estate equally. If you leave a spouse or civil partner, the distribution depends on the estate’s value and the intestacy rules.
Do stepchildren inherit if there is no Will?
Stepchildren who have not been legally adopted do not automatically inherit under the intestacy rules. If you want a stepchild to inherit, you should consider making a Will.
What happens to my house if I die without a Will?
It depends on how you own the property. Property held as beneficial joint tenants normally passes automatically to the surviving owner, while a solely owned property or a share held as tenants in common will generally form part of your estate.
Who applies for probate if there is no Will?
Where a formal grant is required, the person entitled under the relevant rules can apply for letters of administration. This is usually a close relative, with priority determined by law.
Does everything go to the government if I die without a Will?
No. Your estate will normally pass to eligible relatives under the intestacy rules. It may pass to the Crown only where no entitled relatives can be identified and the relevant legal requirements are met.
Can my family decide who inherits if I have no Will?
Your family cannot simply ignore the intestacy rules. However, eligible beneficiaries may sometimes agree to vary how an estate is distributed. Legal advice should be obtained before making such arrangements.
Is it better to make a Will than rely on the intestacy rules?
Making a Will generally gives you greater control over who inherits, who administers your estate and how particular family circumstances are addressed. It can also help reduce uncertainty for your loved ones.
Speak to a Solicitor
Dying without a Will can leave important decisions about your estate to the intestacy rules, which may not reflect your wishes or provide for the people you care about.
Making a Will allows you to plan ahead, consider your family circumstances and provide greater certainty for your loved ones.
Whether you are making your first Will, reviewing an existing Will or need advice about what happens when someone dies without a Will, our team can help you understand your options.
If you would like advice about Wills or estate administration in England or Wales, please contact one of our offices or email quotes@ivesandco.com so that we can provide you with a quotation, or call us to discuss how we can assist.
Our team will be happy to discuss your circumstances and guide you through the next steps.
