What Is Intestacy?
- Mar 3
- 3 min read
When someone dies without a valid Will, their estate is distributed according to the Intestacy Rules — a strict legal framework that determines who inherits, in what order, and how much.
These rules apply regardless of personal wishes, family circumstances, or verbal promises made during the person’s lifetime.
For many families, discovering how the law distributes an estate without a Will can come as a shock. Assets may pass to individuals the deceased had little contact with, while others they intended to provide for may receive nothing.
At Sanctuary Tax & Trust, we regularly help families understand the consequences of intestacy and, more importantly, how to avoid it through careful planning.
How the Intestacy Rules Work (England & Wales)
The distribution of an estate depends primarily on whether the person who died was married or had children.
If the Person Was Married or in a Civil Partnership
The spouse or civil partner is the primary beneficiary. However, what they inherit depends on whether the deceased had children.
Married or Civil Partner With Children
The spouse receives:
• All personal possessions, regardless of value
• The first £322,000 of the estate (known as the statutory legacy)
• Half of the remaining estate
The other half of the remaining estate is divided equally between the children.
Example
Estate value: £500,000
Spouse receives:
£322,000 + personal possessions + £89,000 (half of the remaining estate)
Children share:
£89,000 between them equally.
Married or Civil Partner With No Children
If there are no children, the spouse or civil partner inherits the entire estate.
If the Person Was Not Married and Had Children
If the deceased was unmarried and had children, the children inherit the entire estate, divided equally.
If a child has already died, their share passes to their own children (the deceased’s grandchildren).
If There Is No Spouse and No Children
If there is no surviving spouse or children, the estate passes through a strict order of relatives:
• Parents
• Siblings (or their children if they have died)
• Half-siblings
• Grandparents
• Aunts and uncles
• Half aunts and uncles
If no eligible relatives exist in these categories, the estate passes to the Crown, known as bona vacantia.
Who Receives Nothing Under Intestacy?
One of the most surprising aspects of intestacy is that several important people in someone’s life may receive nothing at all.
Unless they are included in a valid Will, the following individuals do not automatically inherit:
• Unmarried partners, regardless of how long the relationship lasted
• Stepchildren
• Close friends
• Carers
• Charities
• Estranged spouses if the divorce has not been finalised
This is often where families encounter unexpected and difficult outcomes.
Why Intestacy Can Cause Problems
When there is no Will, families may face a number of challenges.
Intestacy can lead to:
• Delays in administering the estate
• Disputes between family members
• Financial hardship for partners or dependants who are not legally recognised
• Assets passing to unintended beneficiaries
• Higher legal and administrative costs
• Tax inefficiencies, as no planning was put in place
At what is already an emotional time, these issues can add significant stress and uncertainty for families.
Planning Ahead Provides Clarity and Protection
A professionally prepared Will ensures that your wishes are clearly recorded and legally recognised.
It allows you to:
• Decide who inherits your assets
• Protect partners and dependants
• Provide for children or vulnerable beneficiaries
• Reduce the risk of disputes
• Ensure your estate is managed as efficiently as possible
Without a Will, those decisions are left to the law rather than to you.
Speak to Sanctuary Tax & Trust
Putting a Will in place is one of the most important steps you can take to protect your family and ensure your wishes are followed.
At Sanctuary Tax & Trust, we work with clients to create carefully structured Wills that reflect their individual circumstances and long-term plans.
If you would like guidance on putting the right arrangements in place, you can arrange a free, no-obligation review with our team.
A short conversation today can help prevent confusion, delay, and unexpected outcomes for the people you care about most.
Further Guidance and Support
If you would like to explore these topics in more detail, the following pages may be helpful:
Will Writing Services – Learn more about creating a legally valid Will with Sanctuary Tax & Trust.
Estate Planning – Explore our estate planning services and how we help families protect their future.
Inheritance Tax Planning – See how careful inheritance tax planning can help preserve family wealth.
Probate Services – Find out how Sanctuary supports families through the probate process.
Book a Consultation – Arrange a free, no-obligation review with our team.
