Intestacy Rules Explained: Who Really Inherits If You Die Without a Will?

Most people assume their money, property, and possessions will automatically pass to the people they love most. But if you die without a will in England or Wales, your estate is divided under intestacy rules—a strict legal hierarchy that may not reflect your wishes. In fact, cohabiting partners, stepchildren, and even close friends can end up with nothing, while distant relatives may inherit instead.

The Current Intestacy Rules

Here’s a simplified overview of how intestacy works:

• Married or civil partner with no children: The spouse inherits everything.

• Married or civil partner with children: The spouse inherits all personal possessions, the first £322,000 of the estate, and half of anything above that. The other half goes to the children, divided equally.

• No spouse, but children: The estate is divided equally among the children (or their descendants if a child has died).

• No spouse or children: The estate passes to parents, then siblings, then half-siblings, then more distant relatives.

• No living relatives: The estate reverts to the Crown.

At first glance this might seem straightforward, but for many modern families it creates real problems.

Why Cohabiting Partners and Stepchildren Lose Out

One of the biggest shocks is that unmarried partners have no automatic right to inherit, no matter how long they’ve been together. Unless you own property jointly, your partner could be left with nothing and may even face the risk of losing their home.

Stepchildren are also not recognised under intestacy law. Even if you’ve raised them as your own, they won’t inherit unless you make specific provision in a will. For blended families, this can create heartbreaking divisions.

Where Intestacy Causes Problems

• Second marriages: Children from a first marriage may inherit less than expected, while the new spouse receives the bulk of the estate.

• Blended families: Stepchildren and long-term partners are excluded entirely, even if they were financially dependent.

• Business owners: Family businesses can be thrown into turmoil if ownership passes unexpectedly to distant relatives.

These situations often lead to disputes, delays, and expensive legal battles at a time when families are already grieving.

The True Cost of Dying Without a Will

Beyond the financial consequences, intestacy can cause lasting damage to relationships. Disputes between siblings, children, or extended family are sadly common when the law dictates an inheritance that feels unfair. Court cases can drain estates of thousands in legal fees, leaving far less for loved ones.

How to Protect Your Family

The good news is that these problems are avoidable. By making a will, you decide who inherits, ensuring your wishes are respected and your loved ones protected. A few key steps include:

• Write a legally valid will and update it regularly, especially after major life changes like marriage, divorce, or buying a home.

• Consider trusts if you want to provide for children or stepchildren while retaining some control over when and how assets are used.

• Seek professional advice to structure your estate in a way that is both fair and tax-efficient.

Intestacy rules may seem logical on paper, but they rarely match the complexity of real family life. Without a will, the law decides who inherits—and it might not be the people you would have chosen. Writing or updating a will is one of the simplest, most important steps you can take to protect your family, reduce disputes, and make sure your legacy goes exactly where you want it to.

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