Intestate / Intestacy
Dying without a valid will. The estate is distributed according to intestacy rules, not your wishes. Also describes estates and the legal process.
Someone dies intestate when they don't leave a valid will. The estate is then distributed according to the Rules of Intestacy, not the deceased's wishes.
Intestacy Rules (England & Wales)
The rules follow a strict hierarchy:
- Married/civil partner with no children: Spouse gets everything
- Married with children: Spouse gets first £322,000 + personal possessions + half of remainder. Children share the other half equally
- Not married: Partner gets nothing. Children share everything equally
- No spouse or children: Goes to parents, then siblings, then more distant relatives
Common Problems with Intestacy
- Unmarried partners inherit nothing, even after decades together
- Stepchildren inherit nothing (only biological/adopted children)
- Friends and charities receive nothing
- The estate may go to relatives you've never met
- No say in who manages the estate
Common questions
What happens to an intestate estate?
It's distributed according to fixed rules. Married partners get the first £322,000. If unmarried, your partner gets nothing - it goes to children or other relatives.
Can you partially die intestate?
Yes. If your will doesn't cover all your assets, those not mentioned are distributed under intestacy rules. This is called partial intestacy.
Who administers an intestate estate?
Usually the next of kin applies for Letters of Administration and becomes the administrator. There's a priority order: spouse, then children, then parents, etc.
Free & independent
Compare prices Compare estate planning quotes in 2 minutes
See up to 4 matched verified UK planners, ranked cheapest-first. No obligation, no hidden fees.