When someone dies without a valid will, they are said to have died intestate. In these cases, the distribution of their estate is determined by the rules of intestacy, a strict legal framework that outlines who inherits and in what order.
In England and Wales, only certain relatives are entitled to inherit under these rules.
If the deceased was married or in a civil partnership, their spouse or civil partner will usually inherit most or all of the estate.
If there are children, the estate is divided: the spouse receives all personal belongings, a statutory legacy (currently £322,000 as of 2025), and half of the remaining estate. The other half is shared equally among the children.
If the deceased was unmarried or there is no surviving spouse, the estate passes to other relatives in a fixed order: children first, then parents, siblings, and more distant family members. Importantly, unmarried partners, close friends, and carers are not entitled to inherit under intestacy rules, regardless of the relationship’s closeness.
If no eligible relatives can be found, the estate passes to the Crown—a process known as bona vacantia.
Dying intestate can lead to unintended consequences, delays, and disputes. Loved ones may be left without support, and your estate may not be distributed as you would have wished. That’s why it’s crucial to make a valid Will. A Will gives you control over who inherits your estate, allows you to appoint guardians for children, and can help reduce inheritance tax liabilities.
Planning ahead ensures peace of mind for you and security for those you care about. If you don’t yet have a will in place or you are looking to update any aspect of your current will, Farleys’ private client specialists can help. Get in touch today on 0845 287 0939, by email, or through our online chat below.
