Many people assume that if you die without a Will then your assets will pass to the government. This is not true and you may be surprised to learn that the rules governing what happens to your estate if you die without a Will are rooted in legislation that is over a century old. The foundation of today’s intestacy rules comes from the Administration of Estates Act 1925.
If you do not make a valid Will, you die “intestate”, and your estate is distributed according to strict legal rules — not necessarily according to your wishes.
This article explains how the intestacy rules work and why making a Will is one of the most important steps you can take to protect your loved ones.
What are the rules of intestacy?
The rules of intestacy set out a fixed order of who inherits your estate if you die without a valid Will.
Under current law in England and Wales:
If you are married or in a civil partnership:
- Your spouse or civil partner does not automatically inherit everything.
If you have children:
- Your spouse receives your personal belongings.
- Your spouse receives a fixed statutory legacy (currently £322,000).
- The remainder of your estate is split:
: 50% to your spouse
: 50% divided equally between your children.
If you do not have children:
- Your spouse or civil partner inherits your entire estate.
If you are not married
This is where many people are caught out.
- Unmarried partners receive nothing under the intestacy rules — no matter how long you have lived together.
- “Common law marriage” has no legal standing.
- Your children would inherit your estate instead.
- If you have no children, your estate passes to other blood relatives in a strict order (parents, siblings, nieces and nephews, and so on).
If no qualifying relatives can be found, your estate passes to the Crown.
Why the rules are outdated
Today, many families include:
- Long-term unmarried partners.
- Stepchildren.
- Second marriages, often including children from previous relationships.
- Dependants who are not blood relatives.
The intestacy rules do not reflect these realities. This can produce deeply unfair outcomes, particularly for unmarried partners, stepchildren or dependants who have no automatic entitlement under the rules. It may also result in assets being divided in ways that were never intended, potentially forcing the sale of property to satisfy statutory entitlements. In addition, the absence of a Will often leads to delays in administering the estate, increased legal costs and, in some cases, disputes between family members at an already distressing time. Without a Will, you also lose the opportunity to appoint guardians for minor children, choose trusted executors to manage your affairs, or structure your estate in a tax-efficient manner. In short, intestacy removes control at the very moment clarity and certainty matter most, leaving your loved ones to navigate uncertainty, complexity and potential conflict.
Why making a Will is so important
Making a Will allows you to:
- Decide exactly who inherits your estate.
- Protect unmarried partners.
- Provide for children from previous relationships.
- Appoint guardians for minor children.
- Choose trusted executors.
- Minimise inheritance tax where appropriate.
- Avoid unnecessary stress for your family.
A properly drafted Will ensures your wishes are respected and your loved ones are protected.
Joint assets
It is important to note that some joint assets may not pass in accordance with a Will or the rules of intestacy, this is something that we would advise on when taking instructions.
If you think now might be the time to prepare your first Will, please contact Rachel Smith and she will endeavour to assist you.
This is only intended to be a summary and not specific legal advice.
