When do the intestacy rules apply?
The rules apply where a person dies without a Will, where the Will is invalid, or where a valid Will fails to dispose of part of the estate. In the last situation there can be a partial intestacy.
What does a spouse or civil partner inherit?
A surviving spouse or civil partner can inherit under the statutory rules, but the precise result depends on whether there are children and the value and composition of the estate. Current statutory figures can change, so executors should use the latest GOV.UK guidance rather than old articles.
What do children inherit?
Children can inherit under the intestacy rules depending on the family structure. Where a child has already died leaving descendants, representation rules can allow that branch of the family to inherit in their place.
What about an unmarried partner?
An unmarried partner does not acquire the same automatic inheritance rights as a spouse or civil partner merely by living together for many years. The phrase “common-law spouse” does not create an intestacy entitlement.
See our unmarried couples guide for practical planning issues.
Jointly owned property may pass outside intestacy
Assets owned as beneficial joint tenants can pass automatically to the surviving joint owner by survivorship. A tenant-in-common share, by contrast, forms part of the deceased owner’s estate and may pass under the Will or intestacy.
Who administers an intestate estate?
There is no executor appointed by a Will. Instead, an eligible person normally applies for authority to administer the estate as an administrator. The practical responsibilities are similar to those of an executor, but the entitlement to apply follows the statutory framework.
Why a Will still matters
A Will allows you to appoint executors, guardians, trustees and chosen beneficiaries, and to plan around property ownership and family circumstances. Intestacy cannot account for stepchildren, friends, charities or the nuances of a blended family unless they fall within the statutory rules.
Frequently asked questions
Does a common-law partner inherit automatically?
No. Cohabitation by itself does not create the same intestacy rights as marriage or civil partnership.
Can stepchildren inherit under intestacy?
Not simply because they are stepchildren. A Will is normally needed if you want a stepchild to inherit and they are not otherwise legally treated as your child.
Does intestacy apply to jointly owned property?
Not always. Beneficial joint-tenancy property can pass by survivorship outside the estate.
Can an intestate estate still need probate?
It can still require a grant of representation, usually letters of administration rather than a grant naming executors.
Tell us what you want to achieve
You do not need to know the name of the legal document or trust before speaking to us. Explain the family, property or planning issue and we can discuss the relevant options.