Skip to main content
WUHLD
← Back to articles

Intestacy Rules vs. Having a Will: A Comparison

· 27 min

Note: The following scenario is fictional and used for illustration.

When Tom died unexpectedly at 41, he'd been with his partner Lisa for 12 years. They owned a £450,000 house together, had two children aged 8 and 10, and shared everything. Tom assumed Lisa would inherit his half of the house and his £80,000 in savings if anything happened to him.

He was wrong.

Because Tom died without a will, intestacy rules kicked in. Under UK law, unmarried partners have no inheritance rights—even after 12 years together. Tom's entire estate went to his estranged parents, who he hadn't spoken to in 7 years. Lisa faced a devastating choice: buy out Tom's parents' half of the house or sell the family home. She couldn't afford the buyout.

Six months later, Lisa and the children were forced to move into a two-bedroom rental, while Tom's parents inherited £305,000.

According to recent data, 44% of UK adults don't have a will, with many assuming intestacy rules will "sort things out." But for 3.6 million cohabiting couples in the UK, intestacy rules mean their partner inherits nothing.

This article compares intestacy rules with having a will, shows exactly who inherits under each scenario, and explains why relying on intestacy is a dangerous gamble for anyone with an unmarried partner, stepchildren, or specific wishes about their estate.

Table of Contents

Intestacy rules are legal guidelines set out in the Administration of Estates Act 1925 that dictate how your estate is distributed if you die without a valid will. Think of them as the government's "one-size-fits-all" fallback plan for your family.

The key principle is simple but inflexible: intestacy prioritizes legal family relationships—marriage and blood relatives—over actual relationships or your wishes. It doesn't matter if you've been with your partner for 20 years or if you're estranged from your siblings. The law follows rigid rules based on legal status, not love or care.

These rules are governed by the Administration of Estates Act 1925, last significantly amended by the Inheritance and Trustees' Powers Act 2014. They apply specifically to England and Wales. Scotland and Northern Ireland have different rules.

Intestacy rules apply in three main situations: when no will exists, when a will is invalid (improperly witnessed or the testator lacked capacity), or when a will doesn't cover all assets.

Sarah discovered this the hard way. She wrote a will leaving her house to her daughter but forgot to mention her £60,000 in savings and investments. Those assets were distributed under intestacy rules, not according to her wishes. Her daughter received the house, but Sarah's estranged brother inherited the savings.

In 2024, 568,613 deaths were registered in England and Wales. With approximately 44-47% of UK adults having no will, this means around 250,000-267,000 estates go through intestacy each year—leaving families to deal with outcomes they never expected.

Who Inherits Under Intestacy Rules: The Complete Hierarchy

Intestacy follows a strict hierarchy, like a legal queue. Each category must be completely exhausted before the next category inherits anything.

1. Married Spouse or Civil Partner (ONLY)

If you're legally married or in a civil partnership at the time of death, your spouse inherits first. Separation doesn't matter—you must be divorced for them to lose inheritance rights.

With children, the spouse receives the first £322,000 plus all personal possessions (car, jewelry, furniture) plus 50% of anything above that threshold. Children share the other 50%.

Without children, the spouse inherits 100% of the estate.

2. Children (if no spouse or civil partner)

The estate is divided equally among all children aged 18 or over. Children under 18 hold their share in a statutory trust until they reach adulthood. This includes biological and legally adopted children.

Crucially, stepchildren don't inherit unless they've been legally adopted. If a child died before the parent, their share goes to their children (the deceased's grandchildren).

3. Parents (if no spouse, civil partner, or children)

The estate is split equally between both parents. If only one parent is alive, that parent inherits everything.

4. Full Siblings (if no parents)

Brothers and sisters who share both parents with the deceased divide the estate equally. If a sibling died before the deceased, their share goes to their children (nieces and nephews).

5. Half-Siblings (if no full siblings)

Brothers and sisters who share only one parent follow the same rules as full siblings.

6. Grandparents (if no siblings)

Divided equally among surviving grandparents.

7. Aunts and Uncles

Full aunts and uncles (parent's full siblings) inherit first. If none exist, half aunts and uncles inherit.

8. The Crown (if no surviving relatives)

The estate becomes "bona vacantia"—ownerless property—and passes to the government.

Who DOESN'T inherit under intestacy rules:

  • Unmarried partners (even after decades together)
  • Stepchildren (unless legally adopted)
  • Friends, no matter how close
  • Charities
  • In-laws
  • Foster children (unless legally adopted)
  • Carers or anyone who supported you financially

Let's look at real-world examples.

David and Sarah: Married with children

David dies with a £500,000 estate (house plus savings). He's married to Sarah with two children.

Under intestacy:

  • Sarah inherits £322,000 + personal possessions + £89,000 (half of remaining £178,000) = £411,000
  • Children inherit £89,000 total (£44,500 each, held in trust until age 18)

Emma and Marcus: Unmarried with children

Emma dies with a £500,000 estate. She has a partner Marcus (12 years together) and two children.

Under intestacy:

  • Marcus inherits £0 (unmarried partners get nothing)
  • Children inherit £500,000 (£250,000 each, held in trust until age 18)
  • Marcus must apply to the children's trust fund for access to money to raise them

James and Sophie: No children, unmarried

James dies with a £300,000 estate. He has a partner Sophie (9 years together) but no children.

Under intestacy:

  • Sophie inherits £0
  • James's parents inherit £300,000 (£150,000 each)
  • If parents are deceased, James's siblings inherit

Notice the pattern: intestacy rules reward legal relationships over actual relationships. If your life doesn't fit the 1925 legal mold, intestacy rules will fail the people you care about.

What Happens With a Valid Will: You're in Control

With a will, you make the decisions—not a 100-year-old law.

1. You decide who inherits (and in what proportions)

Leave your estate to anyone: partner, children, stepchildren, friends, charities, or multiple beneficiaries. Specify exact percentages or specific gifts like "my car to my brother, my jewelry to my daughter."

Lisa's will leaves 50% of her estate to her partner Marcus, 25% to each of her two children, and £5,000 to a cat rescue charity she supports. Under intestacy, Marcus would get nothing.

2. You choose who manages your estate (executor)

Pick someone you trust to administer your estate—a family member, friend, solicitor, or professional executor. They follow your written instructions, not government rules.

Tom names his best friend Rachel as executor because she's financially savvy and organized, rather than defaulting to his estranged brother.

3. You appoint guardians for your children

Intestacy rules don't let you appoint guardians—the court decides. A will lets you name specific people to raise your children.

Sarah names her sister Emma as guardian for her two young children, ensuring they stay together and are raised with her values.

4. You control how assets are managed (trusts)

Set up trusts to protect assets for children until a specific age (not just 18). Protect vulnerable beneficiaries who can't manage money. Control when beneficiaries receive inheritance—25% at age 21, 25% at 25, 50% at 30.

David creates a trust for his 16-year-old son's £100,000 inheritance, releasing it in stages at ages 21, 25, and 30, rather than giving full control at 18.

5. You leave specific gifts and sentimental items

Intestacy doesn't distinguish between sentimental and monetary value—everything is lumped together. A will lets you specify who gets your grandmother's engagement ring, your father's watch, or your piano.

Emma leaves her grandmother's engagement ring to her daughter, her father's watch to her son, and her piano to her niece who's a musician.

6. You state funeral wishes

Express your preferences for burial, cremation, or specific arrangements. This reduces family conflict over difficult decisions.

Tom specifies he wants a woodland burial, not a traditional funeral, saving his family from guessing.

The psychological shift is crucial: intestacy rules are a last resort, like eating expired food when there's nothing else. A will is a carefully planned meal prepared exactly to your taste.

Emma's scenario WITH a will:

Emma writes a will leaving her £500,000 estate:

  • 50% (£250,000) to her partner Marcus
  • 25% (£125,000) to each of her two children
  • Marcus can access children's funds immediately as trustee
  • Children receive full inheritance at age 25, not 18
  • Marcus can stay in the family home; children inherit property value when they're older

Without a will, Marcus got £0 and couldn't access children's money. With a will, Marcus inherits £250,000 and can use children's inheritance for their care.

Side-by-Side Comparison: Intestacy Rules vs. Having a Will

Here's how intestacy rules stack up against having a will across every dimension that matters:

Factor Intestacy Rules Having a Will
Who decides beneficiaries Government (rigid rules) You (complete freedom)
Unmarried partner inherits? ❌ No, never ✅ Yes, if you choose
Stepchildren inherit? ❌ No (unless adopted) ✅ Yes, if you choose
Choose guardian for children? ❌ No (court decides) ✅ Yes (you appoint)
Control when children inherit? ❌ No (automatic at 18) ✅ Yes (any age: 21, 25, 30+)
Choose executor? ❌ No (administrator appointed by court) ✅ Yes (you choose)
Leave gifts to charities? ❌ No ✅ Yes
Leave gifts to friends? ❌ No ✅ Yes
Specify funeral wishes? ❌ No ✅ Yes
Distribute specific items? ❌ No (all assets lumped together) ✅ Yes (jewelry, car, heirlooms)
Set up trusts for beneficiaries? ❌ No (only statutory trust for minors) ✅ Yes (custom trusts)
Potential for family disputes? ⚠️ High (dissatisfied excluded relatives) ✅ Lower (your wishes are clear)
Estate administration time? ⚠️ 9-18 months ✅ 6-12 months
Estate administration cost? ⚠️ Higher (court fees, tracing relatives) ✅ Lower (clear instructions)
Can be challenged? ⚠️ Yes (high success rate if dependent) ⚠️ Yes (lower success rate if properly drafted)
Flexibility for complex families? ❌ None (blended families suffer) ✅ Complete flexibility
Tax planning opportunities? ❌ None ✅ Yes (IHT reduction strategies)
Cost to create? Free (nothing to create) £99.99 (WUHLD) or £650+ (solicitor)

Blended family scenario:

WITHOUT A WILL (Intestacy):

Peter dies with a £400,000 estate. He's remarried to Jane (second wife) and has two children from his first marriage (aged 30 and 28).

Under intestacy:

  • Jane inherits £322,000 + half of £78,000 = £361,000
  • Peter's children inherit £39,000 (£19,500 each)
  • Peter's children feel cheated, Jane feels guilty, family relationships destroyed

WITH A WILL:

Peter's will specifies:

  • Jane has life interest in the family home (can live there for life)
  • When Jane dies or moves out, the house goes to Peter's children
  • Savings split 50/50 between Jane and his children immediately
  • Everyone feels the distribution is fair, family harmony preserved

The takeaway: Intestacy rules are designed for the simplest family structure—married couple with biological children, no complications. If your life is more complex than a 1950s sitcom, intestacy rules will fail you.

The £322,000 Statutory Legacy Explained (And Why It Matters)

The statutory legacy is the fixed amount a surviving spouse or civil partner inherits automatically before the estate is split with other beneficiaries.

As of February 2023, that threshold is £322,000 (increased from £270,000). It only applies if there are surviving children or other descendants. If there are no children, the spouse inherits 100% regardless of estate value.

Here's how it works:

Estate worth £500,000, married with two children:

  1. Personal possessions: Spouse inherits all personal belongings regardless of value
  2. Statutory legacy: Spouse inherits first £322,000 in cash
  3. Remainder: £178,000 left in estate
  4. Split: Spouse gets 50% (£89,000), children share 50% (£89,000 total = £44,500 each)
  5. Total:
    • Spouse: £322,000 + £89,000 = £411,000
    • Children: £44,500 each (held in trust until age 18)

Why the statutory legacy often isn't enough:

Problem 1: Estate is mostly property

Sophie dies with an estate worth £500,000, but £450,000 is tied up in the family home and only £50,000 is liquid savings.

Her husband Mark is entitled to £411,000 total (£322,000 + half of remaining £178,000), but to access it, he must either sell the house or buy out the children's £89,000 share. With two young children and nowhere to go, Mark faces impossible choices.

Problem 2: Children's inheritance can't be easily accessed

The children's portion is held in a statutory trust until age 18. The surviving parent can't access these funds for the children's care, education, or daily needs without court permission—an expensive and time-consuming process.

Problem 3: Doesn't help unmarried couples

Regardless of estate value, unmarried partners inherit £0 under intestacy. The statutory legacy only applies to legal spouses and civil partners. Whether Tom's estate is £50,000 or £5 million, his unmarried partner Lisa inherits nothing.

The statutory legacy exists to ensure spouses aren't left destitute, not to replace a will. It's a crude instrument designed for average estates in the 1920s, not modern family structures or property values.

5 Common Scenarios Where Intestacy Rules Fail Families

Scenario 1: Unmarried Couples (Most Vulnerable)

Michael and Zoe lived together for 15 years, owned a £380,000 house as tenants in common (each owning 50%), and raised Zoe's daughter from a previous relationship.

When Michael died suddenly at 47, intestacy rules meant:

  • Zoe inherited nothing from Michael's £190,000 house share
  • Michael's entire estate went to his brother (his only living relative)
  • Zoe had to buy out the brother's £190,000 share or sell the house
  • She couldn't afford the buyout; family forced to move

With a will, Michael could have left his share of the house to Zoe, giving her security and stability.

Scenario 2: Blended Families/Second Marriages

Rachel remarried at 55 to David after her first husband died. Rachel has two adult children from her first marriage. David has one adult son. Combined estate: £650,000 (mostly Rachel's pre-marriage assets).

When Rachel died without a will:

  • David inherited £322,000 + £164,000 (50% of remainder) = £486,000
  • Rachel's children inherited only £164,000 total (£82,000 each)
  • David could now leave everything to his son in his will, cutting Rachel's children out entirely

With a will, Rachel could have protected her children's inheritance while providing for David fairly—such as giving David life interest in the house with remainder to her children.

Scenario 3: Estranged Relatives

Karen hadn't spoken to her father in 20 years after he abandoned the family when she was 8. She built her life with her partner Emma and their close friend group.

When Karen died at 38 without a will:

  • Her estranged father inherited her entire £150,000 estate (no spouse, no children, parents next in line)
  • Emma (her partner of 10 years) received nothing
  • Karen's chosen family had no legal standing

With a will, Karen could have left everything to Emma and explicitly excluded her estranged father.

Scenario 4: Stepchildren

Graham married Fiona, who had two children (aged 12 and 14) from a previous relationship. Graham raised them for 10 years, paid for their education, and they called him 'Dad.'

When Graham died:

  • His stepchildren inherited nothing (not legally adopted)
  • His estate went to his sister
  • Fiona's children lost the man who'd been their father figure AND received no financial provision

With a will, Graham could have left his estate to his stepchildren, reflecting his actual relationship with them.

Scenario 5: Single Person with Nieces/Nephews

Andrew was single with no children. He was incredibly close to his three nieces and godson, paying for their school trips and university applications.

When he died with a £200,000 estate:

  • His nieces and godson inherited nothing (nieces/nephews don't inherit if parents are alive)
  • His estate went entirely to his elderly mother (aged 79)
  • His mother, already financially secure, didn't need the money; the young people he'd invested in got nothing

With a will, Andrew could have split his estate among his nieces and godson, significantly changing their lives.

Notice the pattern: intestacy rules reward legal relationships (marriage, biology, adoption) over actual relationships (partnership, care, chosen family). If your life doesn't fit the 1925 legal mold, intestacy rules will fail the people you actually care about.

How Long Does Intestacy Take? (Spoiler: Much Longer Than a Will)

Time is money, and intestacy eats both.

With a valid will: 6-12 months average

  • Executor identified immediately (named in will)
  • Beneficiaries identified immediately (named in will)
  • Grant of probate application: 4-6 weeks (straightforward)
  • Asset distribution: 6-9 months (once probate granted)
  • Fewer disputes (wishes are clear)

With intestacy: 9-18 months average (or longer)

  • Administrator must be appointed (often requires family agreement or court involvement)
  • All potential beneficiaries must be traced (family tree research)
  • Grant of letters of administration: 8-12 weeks (more complex than probate)
  • Beneficiaries may dispute entitlement (inheritance claims)
  • If no relatives found, estate search can take 2-3+ years

Why intestacy takes longer:

Administrator appointment delays: When someone dies with a will, the executor starts work immediately. When someone dies intestate, family members must agree who will administer the estate. If family disagrees, court involvement adds months.

Beneficiary tracing: John dies intestate with no spouse or children. The administrator must confirm John's parents are deceased, locate all of John's siblings (full and half), and if siblings are deceased, locate their children. They must obtain proof of relationships (birth certificates, marriage certificates) and advertise for unknown relatives. This process adds 3-6 months compared to a will that says "leave everything to my sister Jane."

Higher dispute rate: Intestacy cases are more likely to involve family disputes. Common disputes include unmarried partners claiming provision under the Inheritance (Provision for Family and Dependants) Act 1975, distant relatives challenging the administrator, disagreements over asset valuations, and children from previous relationships feeling shortchanged.

Court involvement for minors: If children inherit under intestacy, their share is held in statutory trust. Guardians need court permission to access funds for the children's benefit (school fees, medical care, housing). Each court application adds 2-4 months.

Real-world timeline example:

Sarah (died age 42, unmarried, two children) - Intestacy case:

  • Month 0: Sarah dies; partner Mark contacts solicitor
  • Month 1-2: Mark applies to be administrator (children's father is involved, slowing process)
  • Month 3: Grant of letters of administration received
  • Month 4: Mark realizes he can't access children's inheritance (£250,000 held in trust)
  • Month 5-6: Mark applies to court for access to trust funds to pay mortgage
  • Month 7: Court grants permission (costs £3,500 in legal fees)
  • Month 8-12: Estate assets liquidated and distributed
  • Total: 12 months, £3,500 extra in court costs, enormous stress

Sarah (if she'd had a will) - Will case:

  • Month 0: Sarah dies; will names Mark as executor and trustee
  • Month 1: Mark applies for grant of probate
  • Month 2: Probate granted
  • Month 3-6: Assets liquidated; Mark accesses children's inheritance immediately as trustee
  • Total: 6 months, no court involvement, minimal stress

According to UK probate specialists, intestacy administration costs 20-30% more in legal fees and takes 50% longer than will-based probate due to additional complexity.

The True Cost of Intestacy vs. Creating a Will

Let's talk money. Intestacy might seem "free" because there's nothing to create, but it's actually the most expensive option.

Cost Factor Intestacy (No Will) Having a Will
Initial cost to create £0 (nothing to create) £99.99 (WUHLD) or £650+ (solicitor)
Grant of letters of admin / probate application £300 court fee £300 court fee
Legal fees for estate admin £3,500-£6,000+ (complex) £2,000-£4,000 (straightforward)
Family tree research / beneficiary tracing £500-£2,000 £0 (beneficiaries named in will)
Court applications for minors' trusts £1,500-£4,000 per application £0 (trustee named in will)
Inheritance claim disputes £5,000-£20,000+ (if challenged) £3,000-£10,000 (lower challenge rate)
Additional time cost (9-18 months vs 6-12) 3-6 months extra delay N/A
Potential asset loss (forced sale) £20,000-£100,000+ (property sold below market) £0 (beneficiaries can keep assets)
Family relationship cost Priceless (often irreparable) Minimal conflict
Total typical cost £10,500-£30,000+ £3,000-£5,000

Hidden intestacy costs:

Forced property sales: When intestacy rules split an estate between a spouse and children, the spouse may not be able to afford to buy out the children's share. Forced property sales typically achieve 10-15% below market value due to urgent timelines. On a £400,000 property, this is a £40,000-£60,000 loss.

Inheritance claim legal fees: If an unmarried partner, stepchild, or dependent challenges intestacy distribution under the Inheritance (Provision for Family and Dependants) Act 1975, legal fees range from £5,000-£20,000+. Even if the claim succeeds, it reduces the estate's overall value.

Court of Protection fees for minors: If children inherit under intestacy and the guardian needs access to funds, each application costs: court fee £371, solicitor fees £1,200-£3,000, barrister fees (if required) £1,500-£3,000. Total per application: £3,000-£7,000.

Lost investment growth during delays: If intestacy administration takes 18 months instead of 9 months for a will, beneficiaries lose 9 months of potential investment returns. On a £300,000 estate, this could mean £10,000+ in lost growth (at 5% annual return).

Real-world cost example:

Mark and Lisa (unmarried, two children, £500,000 estate) - Intestacy costs:

  • Legal fees for estate admin: £4,500
  • Lisa's legal fees to challenge distribution: £12,000
  • Court fees: £1,500
  • Forced property sale (£50,000 below market): £50,000
  • Total cost: £68,000 + immeasurable emotional toll

With a will:

  • WUHLD will creation: £99.99
  • Probate application: £300
  • Legal fees for estate admin: £2,800
  • Total cost: £3,199.99

Savings: £64,800 by having a will

Creating a will costs less than a nice dinner out (£99.99 with WUHLD). Dying without a will can cost your family tens of thousands of pounds and years of stress. It's not "if you can afford a will"—it's "can your family afford for you NOT to have a will?"

Who Should Never Rely on Intestacy Rules

Some groups face catastrophic consequences if they die without a will.

1. Unmarried Couples (HIGHEST RISK)

Zero inheritance rights regardless of relationship length. This includes cohabiting couples, long-term partners, and engaged couples. With 3.6 million cohabiting couples in the UK, this is a massive vulnerable population.

Action: Create a will naming your partner as beneficiary.

2. Blended Families / Second Marriages

Current spouse inherits majority; children from first marriage may receive little or nothing. Risk of current spouse disinheriting stepchildren in their subsequent will.

Action: Create a will with life interest trust to protect all parties.

3. Parents of Young Children (Under 18)

Cannot name guardians under intestacy (court decides). Children inherit at age 18, which may be too young for large sums.

Action: Create a will naming guardians and trustees to manage inheritance until older age (21, 25, 30).

4. Anyone with Stepchildren

Stepchildren inherit nothing unless legally adopted. Most step-parents don't formally adopt but still want to provide for them.

Action: Create a will explicitly naming stepchildren as beneficiaries.

5. Single People with No Children

Estate goes to parents, siblings, or distant relatives—not close friends or chosen family. Cannot leave anything to charities or godchildren.

Action: Create a will naming friends, charities, or specific relatives.

6. People Estranged from Family

Estranged relatives inherit by default. Intestacy doesn't care about relationships.

Action: Create a will leaving estate to chosen beneficiaries and explicitly excluding estranged relatives.

7. Property Owners (Especially with Unmarried Partners)

Risk of forced property sale if partner can't buy out other beneficiaries' shares.

Action: Create a will + consider changing property ownership to beneficial joint tenants.

8. People with Complex Assets

Business owners, investors, multiple properties, international assets. Intestacy doesn't provide for business succession planning.

Action: Create a will with specific provisions for business/asset transfer.

9. Anyone Who Wants to Support Charities

Intestacy rules never allocate assets to charities. You lose the opportunity to reduce inheritance tax (charitable gifts reduce taxable estate).

Action: Create a will including charitable bequests.

10. LGBTQ+ Couples

If in civil partnership: statutory legacy may not be enough. If unmarried: partner inherits nothing.

Michael and James were in a civil partnership for 8 years. Michael died with a £450,000 estate and three children from a previous relationship. Under intestacy, James inherited £386,000, and the children inherited £64,000 total. James couldn't afford the £450,000 house on his own and was forced to sell. A will could have given James a life interest in the property, letting him stay in the home while protecting the children's future inheritance.

If any of these situations describe you, intestacy rules will not work in your favor. You need a will.

Protect Your Loved Ones: Create Your Will Today

Tom and Lisa's story didn't have to end in tragedy. For £99.99—less than a dinner out—Tom could have protected Lisa and their children. Instead, Lisa lost her partner, her home, and £305,000 that should have supported their family.

Here's what you need to understand:

  • Intestacy rules don't recognize modern relationships. If you're unmarried, in a blended family, or estranged from relatives, intestacy will fail the people you actually care about.
  • A will gives you complete control. You decide who inherits, who manages your estate, and who raises your children—not a 100-year-old law designed for traditional families.
  • Time matters. Intestacy takes 9-18 months vs. 6-12 months for a will. Your family faces longer delays, higher costs, and more conflict without a will.
  • Cost matters. Intestacy disputes cost £10,500-£30,000+. A will costs £99.99. The math is clear.
  • Your family matters most. Creating a will isn't morbid—it's the most loving thing you can do for the people you'll leave behind.

Creating your will is essential when:

  • You have an unmarried partner (they inherit £0 under intestacy)
  • You're in a blended family or second marriage (children from first marriages may lose inheritance)
  • You have stepchildren (they inherit nothing unless legally adopted)
  • You want control over who inherits (not rigid government rules)
  • You want to minimize family conflict and legal costs

WUHLD makes will creation simple: 15 minutes online for £99.99. You get your legally binding will, plus a 12-page Testator Guide, Witness Guide, and Complete Asset Inventory. You can preview everything free before paying anything—no credit card required.

Compare that to intestacy: months of delays, thousands in legal fees, potential loss of your home, family conflict, and outcomes that ignore your actual wishes.

The choice is clear.

Preview Your Will Free – No Payment Required

Frequently Asked Questions

Q: What are the intestacy rules in the UK?

A: Intestacy rules are legal guidelines that determine how your estate is distributed when you die without a valid will. Under the Administration of Estates Act 1925, only married spouses, civil partners, and specific blood relatives can inherit. The surviving spouse receives the first £322,000 of the estate plus personal possessions, with remaining assets split between the spouse and children if any exist.

Q: Who inherits if you die without a will in the UK?

A: Only married spouses, civil partners, and blood relatives inherit under intestacy rules. The order of priority is: surviving spouse or civil partner first, then children, parents, siblings, grandparents, aunts/uncles, and finally cousins. Crucially, unmarried partners, stepchildren (unless adopted), friends, and charities receive nothing under intestacy rules.

Q: What happens to unmarried couples without a will?

A: Unmarried couples have no automatic inheritance rights under UK intestacy rules, regardless of how long they've lived together. If one partner dies without a will, the surviving partner inherits nothing—the entire estate goes to the deceased's blood relatives or, if none exist, to the Crown. This applies even if you own a home together or have children together.

Q: What is the £322,000 statutory legacy in intestacy?

A: The statutory legacy is the fixed amount a surviving spouse or civil partner automatically inherits before the rest of the estate is divided. As of 2023, this threshold is £322,000 (increased from £270,000). If the estate is worth less than £322,000, the spouse inherits everything. If it's worth more, the spouse gets the first £322,000 plus half the remainder, with children inheriting the other half.

Q: How long does intestacy take compared to having a will?

A: Intestacy administration typically takes 9-18 months compared to 6-12 months for a straightforward will. The process is longer because the administrator must trace all potential beneficiaries under intestacy rules, obtain court approval for the grant of letters of administration (instead of grant of probate), and navigate complex family trees to confirm who qualifies to inherit.

Q: Can you challenge intestacy rules if you've been left out?

A: Yes, under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can challenge intestacy distribution if they were financially dependent on the deceased. This includes unmarried partners who cohabited for at least 2 years, children (including adult children), and anyone maintained by the deceased. You must apply within 6 months of the grant of letters of administration. However, court claims are expensive (£5,000-£20,000+ in legal fees) and success is not guaranteed.

Q: What's the main difference between intestacy and having a will?

A: The fundamental difference is control. Intestacy follows rigid legal rules that prioritize family structure over your actual wishes—you have no say in who inherits, who manages your estate, or who cares for your children. A will gives you complete control: you choose your beneficiaries (including non-relatives), executors, guardians, and how assets are distributed. A will also speeds up probate, reduces family conflict, and costs far less than intestacy disputes.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources: