Dying intestate in England and Wales
If you die without a valid will, you are said to have died "intestate". Your estate will be distributed according to the rules of intestacy — a set of rules defined by law, not by your wishes.
Who inherits under the rules of intestacy?
The rules follow a strict hierarchy:
- Spouse or civil partner (inherits everything if there are no children, or the first £322,000 and half the remainder if there are children)
- Children (receive equal shares of what remains after the spouse's entitlement)
- Parents
- Siblings
- Grandparents
- Aunts and uncles
If none of the above survive, the estate passes to the Crown.
What about unmarried partners?
An unmarried partner inherits nothing under the rules of intestacy, regardless of how long you have lived together. Only a valid will can provide for a cohabiting partner.
What about children from a previous relationship?
Under intestacy, children from a previous relationship are included, but this can create complications. A will lets you make clear, considered provisions.
The solution
Writing a will — even a simple one — ensures your wishes are respected and your loved ones are protected. It also avoids the delays, costs, and potential disputes that can arise from an intestate estate.
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