Dying without a will - Intestacy explained

Intestacy under English Law refers to the situation where a person dies without leaving a valid will. In such cases, their estate (property, money, possessions) is distributed according to a set of legal rules called the intestacy rules, rather than according to the wishes of the deceased.

Summary of intestacy rules in English Law

When a person dies without a valid will, his or her estate is handled by an administrator appointed by the Probate Registry. The estate (the deceased's assets less any debts) is distributed according to a strict legal order set out in the Administration of Estates Act 1925 and Inheritance and Trustees' Powers Act 2014.

The rules do not take into account the deceased's relationships, wishes, or informal promises which could mean that the person you wish to inherit your assets may not be who you intended. This could leave issues for your loved ones and make your estate susceptible to a claim from a disappointed beneficiary, especially if you live with your partner and you are not married or in a civil partnership.

What's the priority of beneficiaries where there is no will?

The intestacy rules provide the following relatives take priority where there is no will or valid will :-

• Married/in a civil partnership and do not have children - In England and Wales, if you are married/ in a civil partnership without children and died intestate, everything you solely own will pass to your spouse/civil partner absolutely.

• Married/in a civil partnership and have children - here the first £270,000 and all personal chattels will pass to your spouse/civil partner, the remaining estate will be split into two equal shares, one share to your spouse/civil partner and the remaining share will be split equally between your children. It must be noted that any joint assets would automatically pass to the surviving asset holder and would not be accounted for in the above calculation.

• Not married/in a civil partnership and have children - if you have children and are not married, everything will pass to them equally. If any of your children were to have predeceased you, their share would pass equally between their children (grandchildren).

• Not married/in a civil partnership and do not have children - your assets will be split equally between your parents.

• Not married/in a civil partnership, do not have children or parents who are alive - who inherits depends on what relatives survive you.

Ellie Jaggard is a solicitor who deals Wills, Probate and Lasting Power of Attorneys and can be contacted directly by email by clicking the 'contact us' should you require any further information. Please click here to read more about our Wills, Trusts and Probate services.