What Happens If You Die Without a Will?

Dying intestate

When someone dies without a valid will, they're said to have died intestate. Instead of their wishes deciding who inherits, a set of fixed legal rules — the intestacy rules — take over.

These rules are set out in the Administration of Estates Act 1925 (as amended) and apply in England and Wales. Scotland and Northern Ireland have their own rules.

The intestacy rules don't consider your personal relationships, what you would have wanted, or what's fair in your particular circumstances. They follow a rigid legal formula.

Who inherits under the intestacy rules?

The rules prioritise relatives in a strict order:

If you're married or in a civil partnership

Your spouse or civil partner gets:

• All your personal possessions
• The first £322,000 of your estate
• Half of anything above £322,000

The other half goes to your children (or their descendants if they've died before you). If you have no children, your spouse inherits everything.

If you're not married

Your estate passes in this order:

1. Children (divided equally)
2. Parents
3. Siblings (full siblings, then half-siblings)
4. Grandparents
5. Aunts and uncles
6. The Crown (if no relatives can be found)

At each level, if no qualifying relatives exist, the estate moves to the next group.

Unmarried partners — no matter how long you've been together — have no right to inherit under the intestacy rules. This is one of the most common and painful surprises in estate administration.

What the intestacy rules don't cover

The rules have significant blind spots:

• Unmarried partners receive nothing, even after decades together
• Stepchildren receive nothing unless legally adopted
• Close friends receive nothing
• Charities receive nothing
• You can't exclude anyone — estranged relatives may inherit ahead of people you're close to

The practical consequences

Beyond the distribution of your estate, dying intestate causes real problems for your family:

It takes longer

Without a will naming executors, someone must apply to the court for a grant of administration before they can deal with your estate. This adds time and expense.

It costs more

The administration process is typically more complex and expensive without a will. Legal fees eat into the estate, leaving less for your family.

It can cause disputes

When the intestacy rules produce results that feel unfair, family disagreements are common. These can escalate into costly legal battles.

No guardians for children

Without a will, there's no legal document naming who should care for your children. The court decides, and they may not choose the person you would have.

Real-life scenarios

Sarah and Tom have lived together for 15 years and own their home jointly. Tom dies without a will. His share of the home passes to his parents under the intestacy rules — not to Sarah. She may have to sell the family home.

David is divorced with two children from his first marriage and a stepson from his second. He dies without a will. His estate goes to his biological children. His stepson, whom he raised from the age of three, inherits nothing.

These situations are entirely avoidable with a valid will.

How to fix this

Making a will is the only way to ensure your estate is distributed according to your wishes. It doesn't need to be expensive or complicated — but it does need to be done.

For a detailed breakdown of the intestacy rules, see our guide to intestacy rules in England and Wales.