In the UK, when someone dies without a valid written will, their estate is distributed according to a legal framework known as the rules of intestacy. These rules determine who inherits, in what order, and in what proportions—regardless of what the deceased might have wanted.
At Imperial Law, we help individuals and families across Wolverhampton plan ahead to avoid the complications of intestacy. But if you’re wondering what happens when no will is in place, this article will guide you through how the rules work, who benefits, and why intestacy can cause serious issues for loved ones left behind.
What Is Intestacy?
The term “intestacy” simply means dying without a valid will. This can occur if no will was ever made, or if a will is found to be invalid—for example, if it wasn’t properly signed or witnessed.
In these situations, the law steps in with a fixed set of rules that decide who should inherit the deceased’s money, property, and possessions. These rules apply only in England and Wales; Scotland and Northern Ireland have their own systems.
The rules of intestacy are designed to offer a clear, structured approach to inheritance, but they are often rigid and outdated in how they define family relationships. As a result, they can produce unfair or unexpected outcomes.
Who Inherits Under the Rules?
The starting point of the intestacy rules is marital or civil partnership status. If the deceased was married or in a registered civil partnership at the time of death, their spouse or civil partner is first in line.
If there are no children, the surviving spouse or civil partner inherits the entire estate.
If there are children, the estate is divided as follows:
- The surviving spouse receives all the deceased’s personal possessions, the first £322,000 of the estate (known as the “statutory legacy”), and half of the remaining estate.
- The other half of the remainder is divided equally between the children.
If the deceased was not married or in a civil partnership, or if their spouse or civil partner died before them, the estate passes to other relatives in a strict order of priority:
- Children (including legally adopted children)
- Parents
- Siblings (or their children, if the sibling has died)
- Half-siblings
- Grandparents
- Aunts and uncles (or their children)
- Half-aunts and half-uncles
If no surviving relatives can be found from this list, the estate passes to the Crown under a principle called bona vacantia.
Who Is Left Out?
One of the biggest criticisms of the rules of intestacy is that they fail to recognise many of the relationships that are commonplace today. For example, under current law:
- Unmarried partners are entitled to nothing, even if they lived together for decades.
- Stepchildren and foster children are excluded unless legally adopted.
- Close friends, carers, or others who played a vital role in the deceased’s life are not considered at all.
- If you are separated but still legally married or in a civil partnership, your estranged spouse could still inherit your estate.
These omissions can lead to serious injustice, especially where people assume that “common-law marriage” grants the same rights as legal marriage. It does not.
What Problems Can Intestacy Cause?
In practice, the rules of intestacy often create emotional and financial strain for families. Many estates end up in dispute, especially where someone expected to inherit but is left out by law.
Children from previous relationships may find themselves in conflict with a surviving spouse. A long-term partner may be forced to leave the home they shared with the deceased. Or distant relatives may receive an unexpected windfall, simply because of how the rules are written.
Even when the outcome seems reasonable, intestacy still creates delay and complexity. The person managing the estate (called the administrator) must apply for letters of administration through probate, value the estate, deal with debts and tax, and distribute assets—often without clear instructions from the deceased.
All of this can be avoided with a valid, professionally written will.
How to Avoid the Rules of Intestacy
The only way to prevent the rules of intestacy from deciding who inherits your estate is to make a legally valid will. A will allows you to:
- Decide exactly who receives your assets
- Provide for a partner, stepchildren, or dependants
- Appoint guardians for your children
- Leave gifts to friends or charities
- Minimise inheritance tax
- Make the probate process easier for your family
At Imperial Law, our Will writing service Wolverhampton helps individuals and couples put these protections in place with expert legal advice and a personal touch. Whether your circumstances are simple or complex, we’ll ensure your wishes are recorded clearly and legally.
Final Thoughts
The rules of intestacy may offer a safety net, but they are no substitute for careful planning. They cannot account for your personal relationships, wishes, or modern family structures. That’s why it’s so important to take control while you can.
If you’ve not yet made a will—or if you’re unsure whether your current one still reflects your wishes—get in touch with Imperial Law. Our team is here to help you prepare with confidence, compassion, and clarity.
Your future shouldn’t be left to chance. Let us help you protect what matters most.
