Definition
Intestacy occurs when someone dies without a valid will, meaning strict legal rules—rather than the deceased's wishes—automatically determine who inherits their estate.
This situation affects over half of UK adults and can produce devastating outcomes, especially for unmarried partners who receive nothing automatically, regardless of relationship length.
What Does Intestacy Mean?
Under English and Welsh law, intestacy is governed by the Administration of Estates Act 1925 (as amended). When someone dies intestate, their estate is distributed according to fixed statutory rules following a rigid hierarchy based on family relationships. These rules cannot be adapted to reflect individual circumstances or wishes.
Under current rules (effective 26 July 2023), a surviving spouse receives the first £322,000, all personal possessions, plus half of any remaining amount if there are children. The children share the other half equally, held in trust until age 18. Without a spouse, children inherit everything. Without spouse or children, the estate passes to parents, then siblings, then distant relatives following the statutory order.
The "common law marriage" myth is the most dangerous misconception about intestacy. Research shows 46-55% of cohabiting couples wrongly believe they have automatic inheritance rights. This is false—unmarried partners have zero automatic rights under intestacy rules, regardless of relationship length. The only recourse is claiming under the Inheritance (Provision for Family and Dependants) Act 1975, requiring court proceedings and proving need for reasonable financial provision.
When someone dies intestate, an Administrator (not Executor) must apply for Letters of Administration (not Grant of Probate). They have the same legal responsibilities—collecting assets, paying debts, distributing inheritance—but without the deceased's documented wishes, making intestacy administration more complex and dispute-prone.
Common Questions
"What happens if I die without a will in the UK?" Your estate follows intestacy rules: spouses inherit first (£322,000 plus half the remainder with children), then children, parents, siblings, and distant relatives. Unmarried partners receive nothing automatically, and distribution may not reflect your wishes.
"Do unmarried partners inherit if there's no will?" No. Unmarried partners have no automatic inheritance rights under intestacy rules, regardless of relationship length. Only married spouses, civil partners, and blood relatives inherit. Cohabitees may claim under the Inheritance Act 1975, but success requires costly court proceedings.
"Who deals with the estate if someone dies without a will?" An Administrator (not Executor) manages the estate and applies for Letters of Administration. They have the same legal responsibilities but without the deceased's documented wishes, making the process more complex.
Common Misconceptions
Myth: "Living with your partner for years creates 'common law marriage' rights, so they'll inherit your estate."
Reality: Common law marriage doesn't exist in England and Wales. Unmarried partners have zero automatic inheritance rights under intestacy rules, regardless of relationship length. Even after decades together with children, the surviving partner receives nothing automatically—the estate goes to children or blood relatives. Research shows 46-55% of cohabiting couples are unaware of this dangerous reality.
Myth: "The intestacy rules ensure money goes to those who need it most."
Reality: Intestacy rules follow a rigid statutory formula based solely on legal relationships, ignoring financial need, emotional bonds, or dependency. An estranged spouse inherits before your partner of decades. Wealthy adult children inherit while the disabled friend you supported gets nothing. Your estate could go to distant relatives you've never met rather than those who cared for you.
Related Terms
- Administrator: Person appointed to manage an intestate estate.
- Letters of Administration: Legal grant required to administer an intestate estate.
- Will: Document that prevents intestacy by documenting distribution wishes.
- Estate: Assets and liabilities distributed by will or intestacy rules.
- Probate: Legal process of administering a deceased person's estate.
Related Articles
- What Happens If You Die Without a Will in the UK?: Comprehensive guide to intestacy rules and consequences for different family situations.
- Do I Need a Will? 10 Reasons You Can't Ignore: Why intestacy creates compelling reasons to create a will and protect loved ones.
- What Happens to Your Children If You Die Without a Will?: How intestacy affects guardianship and children's inheritance.
- What Happens to Unmarried Partners Without a Will?: The devastating impact of intestacy on cohabiting couples.
- Common Law Marriage Myth: You Have No Rights: Debunking the misconception that cohabitees have automatic inheritance rights.
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Legal Disclaimer: This glossary entry provides general information about intestacy in England and Wales and does not constitute legal advice. Intestacy rules are complex and their application depends on individual circumstances. For advice specific to your situation, consult a qualified solicitor.