Families are not always straightforward. Relationships change, couples separate and relatives who were once close can lose contact for many years.

It is natural to assume that someone who is no longer part of your life would not inherit from you. However, if you die without a valid will, the law does not consider the quality of your relationships.

The rules of intestacy follow legal family connections. They do not ask who supported you, who visited regularly or who you would have wanted to benefit.

This means an estranged relative could inherit a substantial part of your estate, while someone much closer to you receives nothing.

Intestacy does not measure emotional closeness

When somebody dies without a valid will in England and Wales, their estate is distributed according to a fixed legal order.

Depending on the family circumstances, this may include:

A surviving husband, wife or civil partner
Children and other direct descendants
Parents
Brothers, sisters and their descendants
Half-brothers and half-sisters
Grandparents
Uncles, aunts and their descendants

If no eligible relatives can be found, the estate may eventually pass to the Crown.

The rules do not distinguish between a relative you saw every week and one you had not spoken to for 20 years. If they fall within the relevant legal category, they could still be entitled to inherit.

What happens if you are separated but not divorced?

Separation alone does not normally end a spouse’s inheritance rights under intestacy.

If you are still legally married or in a civil partnership when you die, your estranged spouse or civil partner may remain entitled to some or all of your estate. This can apply even if you have lived apart for years or started a new relationship.

The exact amount will depend on whether you have children and the value of the estate. However, an unmarried partner you currently live with could receive nothing automatically, while the spouse from whom you separated years earlier may inherit.

Until a divorce or civil partnership dissolution has been legally finalised, relying on separation alone can leave your estate exposed to an outcome you never intended.

Can an estranged child still inherit?

A biological or legally adopted child does not lose their place under the intestacy rules simply because the relationship has broken down.

An estranged adult child generally has the same intestacy rights as a child who remained closely involved in your life. If you have several children, the relevant part of the estate will usually be divided equally between them.

If one of your children died before you but left children of their own, their share may pass down to your grandchildren.

Spoken statements such as “they will not receive anything from me” do not change this. Without a valid will setting out different wishes, the intestacy rules still apply.

The people closest to you could be left out

One of the more surprising aspects of intestacy is that emotional or practical importance does not create an automatic right to inherit.

Under the current law, an unmarried partner does not automatically inherit, regardless of how long the couple lived together. The Government is consulting on possible changes to inheritance rights for qualifying cohabiting partners, but these proposals are not yet the law.

Stepchildren also do not normally inherit under intestacy unless they were legally adopted by the person who died.

The same applies to close friends, carers, godchildren and charities. Even if somebody played an important role in your life, the law will not include them simply because you would have wanted it to.

Some assets, such as jointly owned property or certain pension benefits, may be dealt with separately from the estate. However, this depends on how they are owned or arranged and should not be treated as a replacement for a will.

Could someone challenge the intestacy outcome?

In certain circumstances, a person who has not received reasonable financial provision may be able to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Potential applicants can include spouses, civil partners, children, certain cohabiting partners and people who were financially maintained by the deceased.

However, a successful outcome is not guaranteed. Claims can involve legal costs, delays and further tension between family members. There are also strict time limits that may apply.

Writing a valid will can help reduce the risk of the people closest to you having to begin legal proceedings during an already difficult time.

Make sure the law reflects your real family circumstances

The intestacy rules provide a legal fallback, but they cannot understand the reality of your relationships.

They cannot know that you have been separated from your spouse for years, that you consider your stepchild to be your own or that a close friend supported you when other relatives did not.

A properly prepared will allows you to decide who should inherit, how your estate should be divided and who should be responsible for carrying out your wishes.

At Westfield Wills, we can help you put clear arrangements in place that reflect the people and relationships that genuinely matter to you.

If your family circumstances have changed, or you are concerned that intestacy could lead to the wrong person inheriting, please get in touch.

This article provides general information about the law in England and Wales and should not be treated as legal advice. Individual circumstances can affect how an estate is distributed.

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