The Laws of Intestacy

The Laws of Intestacy

Intestacy Law: Who Gets What When There's No Will

The laws of intestacy dictate how someone’s estate (money, property, possessions) are distributed if they die without a valid will. Here’s a simplified breakdown:

  • Married/Civil Partner & Children: The spouse/partner inherits everything if there are no children. If there are children, the spouse/partner gets a portion and the rest is split among the children.

  • No Spouse/Partner & Children: The entire estate goes to the children (including adopted children, but not step-children). If any child has predeceased the deceased, their share is divided among their children (grandchildren of the deceased).

  • No Spouse/Partner & No Children: Then it goes to the deceased’s parents in equal shares (if both survive) or the surviving parent.

  • No Spouse/Partner, Children, or Parents: The estate goes to siblings (full-blooded first, then half-blooded). If any sibling is deceased, their share is divided among their children (nieces & nephews of the deceased).

  • No Close Relatives: The estate goes to more distant relatives or becomes unclaimed property by the government.

Important Points:

  • Unmarried partners don’t automatically inherit under intestacy. They may need to make a claim or the family can agree on a different distribution.
  • The laws apply slightly differently in Scotland and Northern Ireland.
Talking Wills and Trusts
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.