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Dying without a Will, or dying intestate, means that your estate will be distributed according to the Intestacy Rules, rather than your personal wishes. These rules follow a strict legal hierarchy, prioritising certain family members, and completely exclude others, such as unmarried partners or close friends.
Who Inherits Under Intestacy Rules?
Your family situation at the time of your death impacts the way your estate is distributed:
Married / in a Civil Partnership (With Children)
- Your spouse / civil partner inherits all personal possessions and the first £322,000 of the estate
- The remaining estate is equally split:
- Half goes to the surviving spouse
- The other half is divided equally among your children (or held in trust if they are under 18)
Married / in a Civil Partnership (Without Children)
- Your spouse / civil partner inherits everything, regardless of the estate’s value
- Other relatives receive nothing
Unmarried with Children
- Your children inherit everything in equal shares
- If a child has passed away before you, their share goes to their children
- If they are under 18, their inheritance is held in trust
Unmarried Without Children
- Your estate passes to your closest relatives in this order:
- Parents
- Siblings (if your sibling has died, it’ll go to their children)
- Half-siblings
- Grandparents
- Aunts and uncles (or their children if they have passed away)
- Half aunts and uncles
If no living relatives can be found, the estate goes to the Crown under Bona Vacantia rules.
Who is Left Out?
The Intestacy Rules doesn’t recognise some relationship, so some people may not inherit anything, regardless of how close you were. These include:
- Unmarried partners (cohabiting partners / common-law spouses)
- Stepchildren (unless legally adopted)
- Friends or carers
- Charities
What About Joint Assets?
Not all assets automatically form part of an estate under intestacy:
- Joint bank accounts automatically pass to the surviving account holder
- Jointly owned property depends on ownership type:
- Joint tenants – the surviving co-owner automatically inherits the property
- Tenants in common – the deceased’s shares of the property become part of the estate and is distributed under Intestacy Rules
The Legal and Financial Consequences
Dying intestate can lead to significant issues for your loved ones:
- The probate process can take longer, as the court must determine the rightful heirs
- Family members may disagree over inheritance rights, leading to legal disputes
- Without careful estate planning, your estate may be subject to a greater Inheritance Tax
How to Avoid These Issues
- Make a legally valid Will with an experienced solicitor
- Regularly update your Will after major life events
- Consider estate planning to reduce tax liabilities and protect your loved ones
Without a Will, your estate may not go to the people you want it to. Acting now can save your family stress, delays, and potential financial issues. For anyone seeking to avoid the uncertainty and complexity of intestacy, don’t hesitate to contact our experienced Private Client solicitor Lara Thomas on Lthomas@astonbond.co.uk, or our skilled Private Client paralegal Stacey Clark on Sclark@astonbond.co.uk.
