The Rules of Intestacy Explained: Who Inherits If You Die Without a Will?

It goes without saying that the pain of losing someone who you love is one of the most challenging things that a person can go through. The grieving process can bring with it a wide range of emotions, including sadness, sorrow and a sense of emotional upheaval. There can also be a feeling of being overwhelmed when you realise just how much needs to be done and organised during such a difficult time.

Understanding the rules of intestacy can help you plan ahead and ensure your loved ones are not left facing unnecessary stress, confusion or uncertainty about who will inherit your estate if you die without a will.

Whilst there are some things that everyone will have to go through when they lose a loved one, dealing with the consequences of there being no will is something that you can take steps to prevent during your lifetime – and there is one simple way to do this: make a will.

Without a will, those you leave behind may face confusion, delays and disputes, all of which can add to the stress of losing someone you love.

The main thing to remember is that, without a valid will, the rules of intestacy will apply. These are legal rules that will determine who inherits your estate and in what order.

The best thing that you can do is to make sure that you have written a will that becomes your legal wishes. But first, let’s learn about what the rules of intestacy are and what this means when it comes to inheriting what you leave behind.

What is intestacy?

When someone dies without a valid will, then the rules of intestacy come in. This may be because the person decided to never make a will, or it has been found that the will is not valid due to legal reason. Even if there is some form of documentation of the wishes of that person, without the legal documentation to back this up, there is a good chance that their estate does not get allocated out as per their wishes but instead follows the law.

The Rules of Intestacy

The best way to explain the rules of intestacy and what they mean is with this infographic. Which you can follow to find out more about the process and what happens throughout it.

The rules of intestacy set out who may inherit your estate and in what order when you die without a valid will.

However, let's dive a little deeper into this. The first thing is to think about who may be excluded from inheriting the things that you are leaving behind. If you are not married to your partner, even if you have been together for some significant period of time, then there is no automatic requirement for them to inherit any money or property. This is also true for those who are with a same sex partner, so long as you are not in a civil partnership.

You may also find that your stepchildren are excluded. This is because they are non-biological relatives, which do not come under the rules of intestacy.

As well as these potential exclusions, there is also going to be a much greater delay to the process when there is no will to follow. One of the key reasons for this is that there is no designated person to apply for probate, which can mean that the process takes much longer and there may be a higher risk that family members may fall out during it.

Who inherits within the rules of intestacy? The order of inheritance

1. Spouse or Civil Partner - if there are children or descendants then the spouse or civil partner will inherit the first £322,000 and half of the remaining estate. The other half will be shared within the children. If there are no children, they will inherit the entire estate. 

   
   

2. Children or Grandchildren - if there is no partner or spouse, then the estate will be divided up equally amongst the children. If the child has themselves died, then their children will inherit the share that their parent would have had.

   
   

3. If there is no partner or children, then the Parents of the deceased will be next.

   
   

4. Following these any whole blood Siblings will inherit the estate.

   
   

5. Next will be half-Siblings.

   
   

6. Then Grandparents.

   
   

7. If none of the above are there then full blood Aunts and Uncles will inherit.

   
   

8. Followed by half blood Aunts and Uncles.

   
   

9. Finally, the Government will inherit the estate, also known as “The Crown”.

As you can see, not making a will can cause a great deal of stress, hassle and emotional distress for your loved ones. If you are worried about not knowing where to start when it comes to creating a will, sign up for our free consultation here at Citywide Wills and you can find out more about how we can make the entire will writing process even easier for you.