The Intestacy
Rules Guide
What happens to your estate when there is no valid Will — and why planning matters more than ever.
What are the Intestacy Rules?
Where a person dies without leaving a valid Will, their estate is distributed in accordance with the Intestacy Rules. These rules can sometimes leave those who should be provided for without an inheritance — regardless of what the deceased may have wished.
Who inherits the deceased’s estate under the Intestacy Rules depends on three key factors: whether the deceased was married or in a civil partnership, whether they had children, and the other surviving members of their immediate family.
The Intestacy Rules apply only to people living in England and Wales. Scotland and Northern Ireland have their own separate rules for intestate estates.
Unmarried partners, no matter how long-standing the relationship, receive nothing under the Intestacy Rules — only a valid Will can protect them.
The Intestacy Flowchart
Follow the path that applies to the deceased’s circumstances to find who inherits their estate.
Children share the other half equally.
Brothers/sisters → they inherit
Half-siblings → they inherit
Uncles/aunts → they inherit
None of the above → Crown (bona vacantia)
The Statutory Legacy
The Statutory Legacy is the sum to which a surviving spouse or civil partner is entitled from the estate when the deceased died intestate with children. The applicable amount depends on the date of death.
| Date of Death | Statutory Legacy Amount |
|---|---|
| After 26 July 2023 Current | £322,000 |
| Between 6 February 2022 and 25 July 2023 | £272,000 |
| Between 1 October 2014 and 5 February 2022 | £250,000 |
Where the estate exceeds £322,000 and there are children, the surviving spouse receives the first £322,000 plus all personal chattels (jewellery, vehicles, furniture, etc.) and then half of the remaining estate. The other half passes to the children in equal shares.
If the estate is worth less than £322,000, the spouse inherits everything and the children receive nothing under the Intestacy Rules.
Who the Intestacy Rules fail to protect
The Intestacy Rules follow a rigid legal hierarchy that cannot account for personal relationships, long-standing commitments, or individual wishes. Many people are surprised to discover that those closest to them may be entirely excluded.
No matter how long you have lived together, an unmarried partner has no automatic right to inherit under the Intestacy Rules. They may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — a costly and uncertain process.
- Step-children — receive nothing unless legally adopted.
- Close friends — not recognised under the Rules regardless of the relationship.
- Cohabiting partners — entirely excluded, however long the relationship.
- Charities — any intended charitable gift is lost without a Will.
- Estranged relatives — may inherit even if there has been no contact for decades, ahead of closer informal relationships.
- Specific bequests — sentimental items cannot be directed to a specific person without a Will.
How to avoid the Intestacy Rules applying to your estate
The only way to ensure your estate passes to the people you choose is to have a valid, up-to-date Will in place. At Michaels & Co, we also advise on a range of complementary tools that provide deeper protection than a Will alone:
Wills
A professionally drafted Will ensures your estate is distributed exactly as you intend, names guardians for children, appoints trusted Executors, and can include Trusts to protect your beneficiaries from future risks such as remarriage, divorce, or care fees.
Lasting Powers of Attorney
LPAs appoint trusted people to manage your financial affairs and healthcare decisions if you lose capacity — protecting your loved ones during your lifetime as well as after death.
Trusts
Including Trusts within your Will — such as a Life Interest Trust or Property Protection Trust — can prevent sideways disinheritance, protect against care fees, and ensure assets pass to your bloodline across generations.
Bloodline Planning
With the right Trust structures in place, you can ensure your wealth remains within your family for multiple generations, protected from divorce settlements, creditor claims, and successive rounds of Inheritance Tax.
