If you die without making a valid Will, you are said to have died “intestate”. Instead of your estate being distributed according to your wishes, the law decides who receives your money, property and possessions.
The rules of intestacy can produce results that are very different from what you might expect. Unmarried partners may receive nothing, children may inherit in ways you had not planned, and family members can face additional administration at an already difficult time.
At Dumonts Solicitors, our experienced London solicitors can help you put clear arrangements in place through our Will Writing & Estate Planning services.
What Are the Intestacy Rules?
The intestacy rules set out a legal order of priority for distributing an estate where there is no valid Will. Exactly who inherits depends on factors including whether the deceased was married or in a civil partnership, whether they had children, and which other relatives survive them.
If you leave a spouse or civil partner and no children, your spouse or civil partner will normally inherit the entire estate. Where you leave both a spouse or civil partner and children, the estate is divided according to statutory rules. The surviving spouse or civil partner receives the deceased’s personal possessions, a statutory sum set by law, and a share of the remaining estate. The children share the balance.
Because statutory limits and inheritance rules can change, obtaining advice from a solicitor when planning your estate can help ensure your arrangements reflect both current law and your intentions. Our estate planning team can advise you on the options available.
What Happens to Unmarried Partners?
One of the biggest misconceptions about intestacy is that a long-term partner automatically inherits as a “common-law spouse”. In England and Wales, simply living together does not generally give an unmarried partner the same inheritance rights as a husband, wife or civil partner.
This means that a partner with whom you may have lived for many years could receive nothing from your estate under the intestacy rules.
In some circumstances, a surviving partner may be able to bring a claim against the estate, but this can involve additional expense, uncertainty and potential disputes. A properly drafted Will allows you to state clearly what you want your partner to receive.
What Happens If You Have Children?
Children can inherit under the intestacy rules, including where there is no surviving spouse or civil partner. If a child has already died but left children of their own, those descendants may inherit their parent’s share in certain circumstances.
Children under 18 will not usually receive their inheritance outright immediately. Their entitlement will normally be held until they reach the relevant age.
A Will gives you considerably more control. For example, you can make appropriate financial provisions, create trusts where suitable and appoint guardians for children under 18. Our Will Writing & Estate Planning solicitors can help you create arrangements tailored to your family.
What Happens to Jointly Owned Property?
Jointly owned assets need particular attention because they do not always pass through an estate in the same way.
A property owned as joint tenants will generally pass automatically to the surviving joint owner under the right of survivorship, regardless of the intestacy rules. By contrast, where property is owned as tenants in common, the deceased person’s share forms part of their estate and will pass under their Will or, if there is no Will, the intestacy rules.
Similar considerations can apply to certain joint accounts and other jointly owned assets. Understanding exactly how your property is held is therefore an important part of estate planning.
What If There Are No Close Relatives?
If there is no surviving spouse or civil partner, children or other qualifying relatives, the intestacy rules look progressively further through the deceased’s family.
Depending on who survives, an estate may pass to parents, siblings, nieces and nephews, half-siblings, grandparents, aunts, uncles or their descendants.
If no person entitled under the intestacy rules can be found, the estate can ultimately pass to the Crown as bona vacantia. A Will allows you instead to leave assets to friends, more distant relatives, charities or other people and organisations you choose.
Why Can Relying on Intestacy Cause Problems?
Intestacy removes your ability to decide who should benefit from your estate. It can leave an unmarried partner without automatic provision, create unwanted outcomes within blended families, and increase the risk of disagreement between relatives.
It also means you cannot use your Will to appoint your preferred executors, set out specific gifts, make tailored arrangements for children or provide for people who fall outside the statutory inheritance rules.
Making a Will is therefore not simply about deciding who receives your assets. It is about giving your family greater clarity and reducing uncertainty when they need it most.
When Should You Speak to a Solicitor?
It is a good idea to consider making or reviewing a Will after major life changes such as buying a home, getting married, separating, having children, starting a business or experiencing a significant change in your finances.
Professional advice can be particularly valuable where you have an unmarried partner, children from different relationships, business interests, overseas assets or more complex family circumstances.
Dumonts Solicitors is a highly experienced team of solicitors based in London’s West End. We take a proactive, solution-focused approach and provide clear advice on costs. Through our Will Writing & Estate Planning services, we can help you put practical arrangements in place that reflect your wishes and protect the people who matter to you the most.
For help with Will writing and estate planning, contact Dumonts Solicitors today:
Phone: 0204 534 8873
Email: info@dumonts-solicitors.com.
