What Happens If You Die Without a Will UK — Intestacy Rules Explained

Dying without a will (intestate) means fixed rules decide who inherits — often with unexpected and unfair results.

The Intestacy Rules

Who Inherits What

Your Situation	Who Inherits
Married, no children	Spouse gets everything
Married with children	Spouse: £322,000 + half remainder. Kids: other half
Not married, with children	Children share everything (partner gets nothing)
Single, no children	Parents (if alive)
No parents	Siblings (or their children)
No siblings	Grandparents
No grandparents	Aunts/uncles (or their children)
No relatives	Crown (bona vacantia)

The Spouse’s Share

Component	Amount
First £322,000	Spouse takes all of this
Personal possessions	All to spouse
Remainder over £322,000	Split 50/50
Spouse’s share of remainder	50%
Children’s share of remainder	50% (shared equally)

Example: £500,000 Estate

Person	Calculation	Receives
Spouse	£322,000 + possessions + 50% of £178,000	£411,000
Children (shared)	50% of £178,000	£89,000

Who Gets Nothing

No Automatic Rights

Person	Inherits Under Intestacy?
Unmarried partner	No — nothing
Stepchildren	No — not included
Friends	No
Favourite charities	No
In-laws	No
Foster children	No
Carers	No

The Cohabitation Risk

Situation	What Happens
Live together 30 years	Partner gets nothing
Own home jointly	Depends on ownership type
Have children together	Children inherit, not partner
Partner financially dependent	May need court claim

Joint Ownership

Types of Property Ownership

Type	On Death
Joint tenants	Automatically to survivor
Tenants in common	Your share to estate

Why It Matters

If Joint Tenants	If Tenants in Common
Partner keeps home	Partner may have to buy share
Regardless of will	Share to intestacy rules
Automatic transfer	Goes through estate

Children’s Inheritance

Under 18

What Happens	Details
Held in trust	Until 18
Trustees manage	Appointed by court
Limited access	For maintenance/education
Full access	At 18

All Children Included

Children Who Inherit	Details
Biological children	All of them
Adopted children	Same as biological
Children from other relationships	Equal share
Children born after death	If posthumous

Children Who Don’t Inherit

Do Not Inherit	Why
Stepchildren	Not legally yours
Foster children	Not adopted
Godchildren	No legal relationship

The Administration Process

Who Can Apply

Order of Priority	Relationship
1	Spouse/civil partner
2	Children
3	Parents
4	Siblings
5	Grandparents
6	Aunts/uncles

Letters of Administration

Similar To	Grant of Probate
Applied for	By administrator
Required for	Bank accounts, property
Fee	£273 + copies
Timeline	8-12+ weeks

Administrator’s Role

Task	Requirement
Value estate	Get valuations
Pay debts	Before distribution
Pay inheritance tax	If applicable
Follow intestacy rules	No discretion
Keep accounts	Of all transactions

Real Scenarios

Scenario 1: Unmarried Couple

Facts	Outcome
Together 20 years
Own home 50/50 (tenants in common)
His estate: £400,000
Her share of home: Already hers
His £400,000 goes to:	His parents (no children)
She gets:	Nothing from his estate

Scenario 2: Second Marriage

Facts	Outcome
Second marriage
Children from first marriage
Estate: £600,000
Spouse receives:	£322,000 + £139,000 = £461,000
Children share:	£139,000
Note:	Children may feel unfairly treated

Scenario 3: Estranged Family

Facts	Outcome
No contact with parents 30 years
Very close to sister
Single, no children
Estate: £200,000
Goes to:	Parents (if alive)
Sister gets:	Nothing

How to Claim

Inheritance Act Claims

Who Can Claim	Details
Spouse/civil partner	Reasonable provision
Former spouse	If not remarried and no full settlement
Cohabitant	2+ years living together
Child	Regardless of age
Treated as child	Informally raised
Dependant	Financially supported by deceased

Claim Requirements

Element	Details
Timeframe	Within 6 months of grant
Court application	Required
Prove need	Reasonable financial provision
Not guaranteed	Judge decides

What Court Considers

Factor	Weighed By Court
Financial needs	Of claimant and beneficiaries
Obligations	Deceased had to claimant
Size of estate	What’s available
Other provision	What they’ll get anyway
Conduct	Of claimant

Why Write a Will

Intestacy Problems

Problem	Will Solves
Partner inherits nothing	Name them
Children treated unfairly	Choose fair division
Wrong people inherit	You decide
Family disputes	Clear instructions
Delay in accessing money	Executor ready
Stepchildren excluded	Include them

Additional Will Benefits

Benefit	Details
Name guardians	For children
Funeral wishes	Recorded
Tax planning	Reduce IHT
Business continuity	Succession planned
Charitable giving	Include charities

Cost of Making a Will

Options

Method	Cost
Solicitor (simple)	£150-300
Solicitor (complex)	£500-1,000+
Will writing service	£50-150
DIY kit	£10-30
Free wills month	Free (charities participate)
Age UK	Free for over 60s

When to Use Solicitor

Situation	Complexity
Unmarried partner	Should use solicitor
Business ownership	Definitely
Foreign assets	Professional needed
Complex family	Blended families
Substantial estate	IHT planning

Summary

If You Die Without Will	Result
Unmarried partner	Gets nothing
Spouse (no kids)	Gets everything
Spouse (with kids)	Gets £322k+ plus half remainder
Friends, charities	Get nothing
Estranged relatives	May inherit
The state decides	Not you

Making a Will	Cost vs Benefit
Cost	£150-300
Benefit	Total control, peace of mind
Time	1-2 hours
Update	When circumstances change