Intestacy Knowledge & Resources

If someone dies without a Will, there is a set of intestacy rules that determine what relatives of the deceased person inherit and in what order. This means the estate (assets such as property, savings and possessions) may be passed on to someone the deceased does not want to benefit.

No. The rules of intestacy only apply if there is no Will or if the Will was invalid.

The validity of a Will can be challenged if it was not signed, witnessed or drafted correctly made by someone not of sound mind (lacking capacity) made under pressure (undue influence) made fraudulently.

If the deceased has no children, grandchildren or great grandchildren the spouse or civil partner will receive everything from the estate (such as property, cash, savings and possessions). If the deceased has children, grandchildren or great grandchildren the spouse or civil partner will receive personal possessions together with the first £250,000 and half of the remainder of the estate.

If you are not married or in a civil partnership with your partner they won’t automatically inherit under intestacy rules. Step-children are also excluded from inheriting under these rules, even if you have treated them as your children. However, they are not excluded if you have formally adopted them.

The only way to avoid the rules of intestacy is by making a valid Will. Dying without a Will means your loved ones may end up without the immediate support they require. For peace of mind, the best way to guarantee that assets pass according to your wishes is to put a Will in place.