Who inherits when there is no Will? Understanding Intestacy rules:
When someone passes away without a Will, their estate is distributed according to the rules of intestacy. These legal guidelines determine who inherits the deceased’s assets and in what order of priority.
What are the rules?
The rules of intestacy apply when there is no valid Will. These rules strictly outline who inherits, depending on the deceased’s family circumstances.
Who inherits under Intestacy rules?
Married or Civil Partners
- If the deceased had a surviving spouse or civil partner and no children, the spouse inherits everything.
- If the deceased had children, the spouse receives:
- The first £322,000 of the estate (as of 2024).
- Half of the remaining estate.
- The other half is divided equally among the children.
Children and Grandchildren
- If there is no surviving spouse or civil partner, the children inherit everything equally.
- If a child has predeceased, their share goes to their children (the deceased’s grandchildren).
Parents (if no spouse, civil partner, or children)
- The estate passes equally to the deceased’s parents if they are still alive.
Siblings (if no spouse, civil partner, children, or parents)
- The estate is divided equally among full siblings.
- If a sibling has passed away, their share passes to their children (the deceased’s nieces or nephews).
More distant relatives
- If there are no close relatives, the estate may pass to half-siblings, grandparents, aunts, uncles, or cousins.
What if no relatives are found?
- If no family members can inherit, the estate passes to the Crown (Bona Vacantia).
Who doesn’t inherit?
Under intestacy rules, the following individuals do not automatically inherit:
- Unmarried partners (including long-term cohabitants)
- Stepchildren (unless legally adopted)
- Close friends or carers
- Charities or causes the deceased may have supported
What can you do to avoid intestacy issues?
If you want to have control over how your assets are distributed, making a legally valid Will is essential. A Will allows you to:
- Choose your beneficiaries
- Protect your partner if you’re unmarried
- Appoint guardians for minor children
- Reduce inheritance tax burdens
We provide expert legal advice on Wills, estate planning, and probate matters. Contact us to ensure your loved ones are protected and your wishes are honoured.
