Who inherits if there is no will?
It is estimated that over half of UK adults do not have a will. Losing somebody close to you can be devastating, and if that person dies without leaving a will, it can cause additional distress and upset. You may be wondering, who inherits if there is no will?
If someone dies without a will in England and Wales:
- A spouse or civil partner usually inherits first
- Children may inherit, depending on the value of the estate
- Unmarried partners do not automatically inherit
- The estate is distributed under strict legal rules called intestacy rules
These rules determine exactly who inherits – regardless of what the deceased may have wanted, so it’s important to know where you stand if you find yourself in this situation.
What are the rules of intestacy?
There are strict rules around how somebody’s estate is shared out if they haven’t written a will – these are known as the rules of intestacy. When a person dies without a valid will, they are said to have died “intestate.”
Their money, property and possessions (known as their estate) are distributed according to the rules of intestacy.
These rules apply across England and Wales and follow a strict legal hierarchy of relatives. They do not take into account personal wishes of the deceased, any promises, or personal relationships.
The rules also apply when a will is deemed as invalid. A will could be invalid if:
- The will is unsigned
- The will has been witnessed incorrectly
- The will has been successfully challenged
If any of the above apply, the estate falls into intestacy in the same way.
Who inherits under the rules of intestacy?
If there is a spouse or civil partner
If the person who died was married (including those that are married but separated) or in a civil partnership:
- The spouse inherits everything if there are no children
- If there are children, the spouse inherits:
- All personal property and possessions
- The first £322,000 of the estate
- Half of any remaining estate
The other half of the remaining estate is divided equally between the children.
If there is no spouse or civil partner
If there is no surviving spouse, the estate passes in this order:
- Children (or grandchildren if a child has already died)
- Parents
- Brothers and sisters
- Half-brothers and half-sisters
- Grandparents
- Aunts and uncles
- Half-aunts and uncles
If any full or half siblings, aunts or uncles would have inherited a share of your estate, but died before you and have surviving children, their share will pass to those children. Finally, if no eligable relatives can be found, the estate will go to The Crown, who will then inherit the estate.
Who doesn’t automatically inherit under the rules of intestacy?
Understanding who does inherit is one thing, but what about who can’t? If the deceased leaves behind an unmarried partner, a relation by marriage, or a close friend or a carer, none of them would have any claim on the estate.
What happens if there are no living relatives?
If no eligible relatives can be identified, the estate passes to the Crown (known as bona vacantia).
Protecting your estate from the rules of intestacy
The rules around intestacy are complicated and can be confusing for loved ones left behind. We recommend that everybody leaves a will, and that it is updated regularly, especially if your personal or financial circumstances change. A professionally drafted will provides reassurance that those you wish to inherit from your estate will do so, and ensures that your loved ones are protected after you’ve gone.
Get in touch to ask about making or updating a will, or to discuss your options if you have been excluded from inheritance under intestacy rules.