Intestacy: What Happens Without a Will
A practical guide to intestacy in England and Wales, including who inherits, common pitfalls, and how to avoid unintended outcomes.
Why intestacy matters
If you die without a valid will in England and Wales, your estate is distributed under the rules of intestacy. Those rules are fixed by law. They do not take account of your personal wishes, family context, or verbal promises.
That means people you expected to inherit may receive nothing, while others inherit in ways you did not intend.
Who can inherit under intestacy
The order depends on your family circumstances at death.
- Spouse or civil partner may inherit all or most of the estate, depending on whether there are children.
- Children can inherit directly in some scenarios.
- Unmarried partners do not inherit automatically.
- Stepchildren do not inherit automatically unless legally adopted.
- Friends, carers, and godchildren do not inherit automatically.
If no eligible relatives are found under the legal order, the estate can ultimately pass to the Crown.
What unmarried couples should know
One of the most common misunderstandings is the idea of a "common law spouse" inheriting automatically. In intestacy law, that protection does not exist. If you are unmarried and want your partner provided for, a will is essential.
Children and guardianship
If you have children under 18, a will is usually where you appoint guardians. Without a valid appointment, guardianship decisions can become more complex at an already difficult time.
Property and joint ownership
Home ownership can change the practical outcome:
- If property is held as joint tenants, the deceased's share usually passes automatically by survivorship.
- If held as tenants in common, the share usually falls into the estate and follows will terms or intestacy rules.
This is why will planning and ownership structure should be considered together.
Debts and administration still come first
Intestacy controls distribution, not whether liabilities disappear. Debts, taxes, and administration costs are handled before beneficiaries receive anything.
How to reduce intestacy risk
- Make a valid will and keep it up to date.
- Review after major life events (marriage, divorce, children, property changes).
- Tell executors where the signed original is kept.
- Keep beneficiary and contact details clear.
Next steps
If you want the legal default to reflect your choices, start your will now and set clear instructions from the outset.
- Start online: /intake
- Read detailed rules: Intestacy Rules in England and Wales
- Understand family outcomes: Who Can Inherit If There Is No Will?
Related guides
What Happens If You Die Without a Will?
How the intestacy rules distribute your estate when you die without a will in England and Wales.
Intestacy Rules in England and Wales
A clear explanation of the intestacy rules that apply when someone dies without a will in England and Wales.
Who Can Inherit If There Is No Will?
A guide to who is entitled to inherit under the intestacy rules in England and Wales, and who misses out.
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