Intestacy is the legal term for dying without a valid will. When someone dies intestate in the UK, their estate does not pass according to their personal wishes but instead follows a strict legal framework known as the intestacy rules. These rules determine who inherits, in what order, and in what proportions, regardless of the deceased’s relationships or intentions. The following sections address the most common questions executors and families ask when navigating an intestate estate.
Who inherits when someone dies without a will?
When someone dies without a will in England and Wales, their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules create a strict hierarchy of beneficiaries, beginning with a surviving spouse or civil partner, then children, then more distant relatives. If no qualifying relatives exist, the estate passes to the Crown.
The order of priority under intestacy rules is as follows:
- Spouse or civil partner (subject to statutory legacy thresholds where children also survive)
- Children and their descendants
- Parents
- Full siblings or their children
- Half siblings or their children
- Grandparents
- Aunts and uncles (full blood), or their children
- Aunts and uncles (half blood), or their children
It is important to understand that unmarried partners, regardless of how long they have lived together, have no automatic right to inherit under intestacy rules. Close friends, stepchildren who were not legally adopted, and carers are also excluded. This is one of the most significant practical consequences of dying without a will, and it frequently causes considerable distress for surviving partners who assumed they would be protected.
What is the difference between intestacy and probate?
Intestacy refers to the legal status of an estate where the deceased left no valid will. Probate, by contrast, is the legal process of administering an estate, whether or not a will exists. The key difference is that when a will is present, the named executor applies for a Grant of Probate. When there is no will, a family member or other eligible person must apply for Letters of Administration instead.
Both documents serve the same practical function: they authorise the appointed person to gather assets, settle debts, and distribute the estate. However, probate without a will is often more complex. Without a will to guide distribution, the administrator must follow the intestacy rules precisely, which can involve identifying and tracing relatives, obtaining valuations for Inheritance Tax purposes, and navigating disputes between family members about entitlement.
Regardless of whether an estate is testate (with a will) or intestate, an accurate valuation of the estate’s assets is required for HMRC before Inheritance Tax can be assessed. This includes property, household contents, vehicles, and any other chattels forming part of the estate.
Does a spouse automatically inherit everything under intestacy?
Not necessarily. Whether a surviving spouse or civil partner inherits the entire estate under intestacy depends on the value of the estate and whether the deceased also left surviving children. If there are no children or other qualifying descendants, a surviving spouse does inherit the whole estate. However, where children also survive, the rules divide the estate between the spouse and the children.
Under the current intestacy rules in England and Wales, if the deceased leaves both a spouse and children, the spouse receives all personal chattels, a statutory legacy of £322,000 (as of 2026), and half of the remainder of the estate. The other half of the remainder passes to the children in equal shares, held on trust until they reach the age of 18.
This threshold matters significantly in practice. For estates where the net value exceeds the statutory legacy, children will inherit a share even if that was never the deceased’s intention. It is also worth noting that the intestacy rules in Scotland differ from those in England and Wales, as Scots law operates under a separate framework known as prior rights and legal rights.
What happens to property and assets in an intestate estate?
All assets forming part of an intestate estate, including property, bank accounts, investments, vehicles, and household contents, are subject to the intestacy rules and must be distributed accordingly. The administrator has a legal duty to identify, value, and account for every asset before any distribution takes place. Property held as joint tenants passes automatically to the surviving owner outside the estate; property held as tenants in common does not.
For Inheritance Tax purposes, every asset must be valued at its open market value at the date of death, in accordance with Section 160 of the Inheritance Tax Act 1984. This applies not only to the property itself but also to its contents, including furniture, jewellery, art, antiques, and collectables. Undervaluing assets, even unintentionally, can result in HMRC scrutiny and potential penalties.
Once all assets have been valued and Inheritance Tax settled, the administrator may need to sell or transfer property to fulfil the intestacy distribution. This can involve arranging property sales through estate agents or auction, clearing the property of its contents, and ensuring the estate is wound up in a timely and compliant manner. For families managing this process, estate administration services can provide significant practical support at this stage.
How long does it take to settle an intestate estate?
Settling an intestate estate typically takes longer than administering an estate with a valid will. The process usually takes between nine months and two years, though complex estates can take considerably longer. The absence of a will means additional steps are required before administration can begin, including identifying the correct administrator, tracing all potential beneficiaries, and applying for Letters of Administration.
Several factors influence the overall timeline:
- Identifying beneficiaries: Tracing distant relatives or establishing that no qualifying relatives exist can be time-consuming and may require professional genealogical research.
- Obtaining valuations: All assets must be professionally valued before an Inheritance Tax return can be submitted to HMRC. Delays in commissioning valuations extend the overall timeline.
- HMRC processing: Once the Inheritance Tax account is submitted, HMRC must confirm that the tax position is settled before the grant can be obtained and assets distributed.
- Property sales: If property must be sold to fund the distribution, the conveyancing process adds further time.
- Disputes: Family disagreements over entitlement or asset distribution can result in significant delays, particularly where unmarried partners or stepchildren feel they have been unfairly excluded.
Acting promptly on valuations and instructing experienced professionals early in the process are the most effective ways to avoid unnecessary delays.
Can intestacy rules ever be changed after someone has died?
Yes, in certain circumstances the distribution of an intestate estate can be altered after death. The primary mechanism for doing this is a Deed of Variation, which allows beneficiaries who are entitled to inherit under the intestacy rules to redirect all or part of their inheritance to someone else. To be effective for Inheritance Tax and Capital Gains Tax purposes, a Deed of Variation must be executed within two years of the date of death.
A Deed of Variation requires the agreement of all affected beneficiaries and must be executed as a formal legal document. It cannot be used to benefit the person making the variation at the expense of others without their consent, and it cannot override the rights of creditors or the requirements of Inheritance Tax law.
In cases where an unmarried partner, stepchild, or other dependent was financially reliant on the deceased, they may also have the right to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Such claims must generally be brought within six months of the grant of Letters of Administration and are assessed by the court on the basis of reasonable financial provision.
While a Deed of Variation offers flexibility, it is not a substitute for a properly drafted will. It relies on the goodwill and cooperation of all beneficiaries and cannot guarantee the outcome the deceased would have chosen.
How Avery Associates helps with intestate estates
When an estate passes under intestacy, administrators face the same legal and practical obligations as any executor, including the requirement to value all assets accurately for HMRC. Avery Associates supports administrators, solicitors, and families at every stage of this process, providing:
- RICS-accredited probate valuations of property and household contents, fully compliant with Section 160 of the Inheritance Tax Act 1984
- A 100% HMRC acceptance rate, ensuring valuations are accepted without challenge or delay
- Probate reports returned within five working days, with urgent 24-hour reports available when required
- Complete probate house clearance, including contents removal, deep cleaning, garden clearance, vehicle disposal, and secure document destruction
- Nationwide coverage, with dedicated local teams operating across every county in the UK
- Free initial consultations for executors, administrators, and families
Intestacy adds complexity to an already demanding process. Avery Associates removes that burden, handling everything from valuation through to clearance with professionalism, discretion, and genuine care. Contact Avery Associates today to arrange a free consultation and find out how the team can support you through every stage of the estate administration process.
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This content was generated with the help of AI and it may contain mistakes
