What are the rules of intestacy?

Intestate is a word used to describe someone who died without a will.

When someone writes a will, they have the opportunity to say who they want to inherit their estate and how much each of them should get. Many people choose to leave everything to their spouse, civil partner or children, but extended family, friends and charities are also popular choices.

When someone dies intestate, there are no legally-binding wishes regarding what should happen to their estate. In cases where there isn’t a will, the rules of intestacy come into play.

The rules of intestacy are a set of laws that define what should happen to someone’s estate when they die intestate. They usually work reasonably well for traditional families whose circumstances are fairly straightforward, but things can be more difficult for unmarried partners and step-children.

When someone dies without a will, their next of kin inherits the estate. Under the rules of intestacy, the spouse or civil partner of the person who died always stands to inherit the most, but the exact amount depends on whether they have children (or grandchildren if any of their children have died).

To help you apply the rules of intestacy to your situation, we’ve provided examples for some of the most common scenarios below. If you’d prefer to speak to a probate specialist over the phone, please give us a call on 020 3695 2090.

Married or in a civil partnership and has children

The surviving spouse or civil partner inherits solely-owned assets (and joint assets held as tenants in common) up to the value of £270,000. They also inherit all personal possessions, along with half of anything over £270,000. The rest is then shared equally between their children.

For example: Peter was married to Jane and had four children. When he died without a will, his estate was worth £500,000 (excluding any personal possessions). Susan inherited all of his personal possessions and the first £270,000 of the estate, which left £230,000. Susan also inherited 50% of this (£115,000) giving her a total of £385,000. The remaining £115,000 was then shared equally between their four children, who received £28,750 each.

Note: If one or more of the children has already died, grandchildren or great-grandchildren can inherit their parent’s share.

Unmarried and has children or grandchildren

The estate is shared equally between the children, not including any step-children. If any of the children has already died, grandchildren or great-grandchildren can inherit their parent’s share.

For example: Mandy was unmarried and had two children, Daniel and John. When she died without a will, her estate was worth £600,000. Daniel inherited £300,000 but, because John had already passed away, his £300,000 share was split equally between his three children (leaving them with £100,000 each).

Note: If John didn’t have children or grandchildren of his own, his share would also have been inherited by Daniel.

Unmarried and has no children

If someone dies intestate and has no children, their close relatives inherit the estate in the following order of priority:

• Parents

• Brothers and sisters with the same parents as the person who died – if any brothers and sisters have already died, their share will pass to their children

• Half brothers and half sisters who share one parent with the person who died – if any half brothers or sisters have already died, their share will pass to their children

• Grandparents

• Aunts and uncles whose parents are the grandparents of the person who died – if any aunts and uncles have already died, their share will pass to their children

• Half aunts and uncles with one parent who is the grandparent of the person who died – if any half aunts and uncles have already died, their share will pass to their children

No. The rules of intestacy are there as a kind of safety net to try and make sure money flows to the right people. However, since the rules are around 100 years old, they don’t really take into account more modern family dynamics – such as unmarried couples or parents with step-children.

As well as having a say on who inherits your estate, there are a few other important reasons to make a will, including:

• Choosing the most suitable person to handle your estate after your passing

• Appointing legal guardians for any children under 18

• Leaving gifts and messages to your loved ones

• Writing funeral wishes to help your family plan a personal send-off

• Making an inventory so your family know where your money is – which can then be kept with your will

Under the rules of intestacy, the following people don’t stand to inherit anything:

• Unmarried partners: only married partners or partners in a civil partnership can inherit when someone dies without a will

• Step-children: step-children can only inherit if they have been legally adopted by the person who died

• Close friends: people often choose to leave something to close friends in their will, but they don’t inherit anything under the rules of intestacy

• Other family members: any lower priority relatives under the rules of intestacy, such as grandchildren if the spouse and children are still alive

Children only inherit under the rules of intestacy if either:

• The person who died has no living spouse or civil partner – in which case everything is shared equally between the children

• Or the estate of the person who died is worth more than £270,000 – in this scenario, the spouse or civil partner inherits the first £270,000 plus half of anything over that amount, then the children get an equal share of the rest (the spouse or civil partner also inherits all personal possessions)

• The rules of intestacy are a set of laws that decide what happens to someone’s estate if they die without a will.

• If the person who died is married and has children, the first £270,000 is inherited by their spouse or civil partner, plus half of anything over that value. The rest is then shared equally between the children of the person who died. The spouse or civil partner also inherits all personal possessions.

• Unmarried partners, step-children and friends don’t inherit under the rules of intestacy.

• Making a will is the best way to make sure you have a say on what happens to your estate.