What is intestacy? A Guide
What happens when someone dies without a will?
Some things in life are uncertain, but death will affect all of us at some point. Whether it be a friend, family member or our own. We need to think about what happens to our assets when we pass.
When someone passes away without a valid will, their estate will be distributed according to the rules of intestacy.
What is intestacy?
Intestacy is the legal process which follows an order of priority to determine how someone’s estate is distributed after their passing. The rules consider factors, including whether the deceased has a surviving spouse or civil partner or children, when determining to whom the estate is to be passed down. If neither of these applies, then it will consider any other living relatives who may inherit the estate. If there are no known relatives of the deceased, then the estate will be pass to the crown under bona vacantia.
How does intestacy work in England and Wales?
When intestacy applies to an estate, the assets within the estate will be distributed in accordance with the flowchart below.
The rules of intestacy in England and Wales are primarily guided by the Administration of Estates Act 1925. However, others acts such as the Inheritance and Trustees' Powers Act 2014 and the Intestates Estates Act 1952, have provided updates to the guidance over the years.
Please note that this information is correct as of 25th November 2025. This does not constitute legal advice, and you should always seek advice from a qualified professional.
If there is no will, the estate usually follows this order:
Spouse or civil partner
Children
Parents
Siblings
Half-siblings
Living grandparents
Aunts and uncles
Half-aunts or half-uncles
The Crown (bona vacantia)
Example
For an average household worth over where there is a married or civil partnered couple who have children, the spouse or civil partner will inherit all the personal possessions and the first £322,000 of the estate. The spouses' children will inherit the remainder of the estate and will share it equally among themselves.
Do stepchildren inherit under intestacy?
Stepchildren do not automatically inherit unless they were legally adopted by the deceased. This can come as a shock to many families and highlights the importance of creating a will.
Who handles intestacy?
A close relative of the deceased normally applies to be the estate's administrator. The relative must be over the age of 18. Unlike in cases with a valid will, they do not issue grant of probate.
They apply through the probate registry, which is a branch of the family courts in England and Wales. Once their application is successful, the appointed administrator will receive a Grant of Letters of Administration. This gives them authority to manage the estate in accordance with the intestacy rules.
What happens if the deceased had a partner but did not marry or be in a civil partnership?
If the deceased had a partner at the time of their passing but was not married or in a civil partnership, the partner does not have an automatic right to inherit the estate.
They will have to apply to the court for a reasonable finance provision. The applicant makes the request under the Inheritance (Provision for Family and Dependants) Act 1975. Despite someone making an application, there is no guarantee that it will be successful.
The court will consider several factors. Including the deceased’s wishes prior to passing and the financial needs of the claimant.
A partner’s application can be successful claim for a reasonable financial provision, if they can prove that they lived with the deceased for at least two years before their passing. They must also be able to prove that they required financial assistance from them.
Which assets does intestacy cover?
Intestacy rules only apply to assets that form part of the deceased’s estate. These usually include:
Property owned solely by the deceased
Savings and investments in their sole name
Personal possessions (cars, jewellery, furniture)
The following assets usually fall outside intestacy rules:
Property owned as joint tenants (passes automatically to the co-owner)
Life insurance policies written in trust
Pensions with a nominated person who will inherit it
Assets held in a trust
Can I contest an intestate estate?
No one can directly challenge intestacy. If there is sufficient evidence to show that the deceased intended their estate to be shared differently then it may be challenged. Sometimes the estates are challenged in circumstances such as:
A child has not been sufficiently provided for.
A challenge about who should administer the estate.
An unmarried partner of the deceased has been excluded.
Part of the estate has been given to an estranged spouse.
Contesting intestate estates can be a complicated, long and sometimes costly experience. Having a contentious probate solicitor who understands the process of challenging an estate and its intricacies can make all the difference.
If you find yourself in a dispute over an estate, do not hesitate to contact Holden Smith’s will disputes team.
Contact Holden Smith Law
Without a will, your loved ones could face unnecessary stress, delays and legal costs. A short conversation today could give you peace of mind for years to come.
The best way to ensure your estate is distributed as you would like is to have a valid will in place. The private client team at Holden Smith can help you write your will. Our team has over 18 years of experience helping clients plan their estate.
We offer a free 30-minute initial consultation with our team so that you can easily explain your needs and receive guidance on what is best for you.
To schedule your consultation and speak with our team, call one of our offices or complete our online enquiry form to request a callback.
