Rules of Intestacy
Who Inherits If There Is No Will?
The Rules of Intestacy determine who inherits a person's estate when they die without leaving a valid will.These rules are set out in legislation and establish the order in which relatives may inherit.
While intestacy provides a legal framework for distributing an estate, the outcome may not reflect what the deceased would have wanted.
For this reason, making a valid will remains one of the most important steps in estate planning.
When Do the Rules Apply?
The Rules of Intestacy generally apply when:
- No will has been made.
- A will is invalid.
- A will has been revoked.
- The estate (or part of it) is not covered by a valid will.
In these circumstances, the law—not the deceased’s wishes—determines who inherits.
The Order of Inheritance
The exact distribution depends on the deceased’s family situation, but the law sets out a priority order for eligible relatives.
Potential beneficiaries may include:
- Spouse or civil partner
- Children
- Grandchildren (in some circumstances)
- Parents
- Brothers and sisters
- Nieces and nephews
- Grandparents
- Aunts and uncles
More distant relatives may inherit if there are no closer surviving family members.
Who Is Not Included?
People who often expect to inherit but generally do not automatically inherit under intestacy include:
- Unmarried partners
- Stepchildren
- Friends
- Carers
- Charities
This is one of the main reasons why making a will is so important.
Letters of Administration
Without a will, there is no executor.
Instead, an eligible person normally applies for Letters of Administration, giving them legal authority to administer the estate.
Their responsibilities include:
- Collecting assets.
- Paying debts.
- Completing tax obligations.
- Distributing the estate according to the law.
Avoiding Intestacy
The simplest way to avoid the Rules of Intestacy is to:
- Make a professionally drafted will.
- Review it regularly.
- Update it after major life events.
- Keep it safely stored.
- Inform your executors where it is located.
A valid will gives you control over who inherits your estate.
Compare Probate Solicitors Near You
If you’re dealing with an intestate estate, Find a Funeral helps you compare experienced Probate solicitors across the UK who can assist with Letters of Administration, estate administration and inheritance issues.
If no eligible relatives can be found, the estate may ultimately pass to the Crown under bona vacantia rules.
Not automatically under the Rules of Intestacy.
No. However, depending on the circumstances, some beneficiaries may agree to vary the distribution, or certain individuals may have legal claims against the estate.
Related Resources
- Dying Without a Will
- Letters of Administration
- Probate
- Estate Administration
- Wills
- Probate Solicitors