Dying without a Will: Intestacy FAQs

What does it mean to die intestate?

Someone dies intestate if they die without having made a valid Will or with a valid Will which does not dispose of the whole of his or her estate.

How can an intestacy arise?

An intestacy can arise in several different ways, for example:

• If the deceased never made a Will

• If the deceased made an invalid Will

• If the deceased entered into a marriage or civil partnership after making a Will (unless they made the Will in contemplation of that marriage or civil partnership)

What are the intestacy rules?

The intestacy rules are a set of rules which determine how an estate will be divided where someone dies intestate.

How an estate is divided depends on the value of the deceased’s estate, the date the deceased died and which family members survived the deceased.

Are unmarried partners or stepchildren included under the intestacy rules? 

No.

The intestacy rules do not make any provision for unmarried partners (regardless of the length of the relationship) or stepchildren.

You must make a Will if you want to leave money to an unmarried partner or stepchild.

Do the intestacy rules cover all assets owned by the deceased?

No.

The intestacy rules only apply to assets which the deceased could have disposed of by Will. So, for example, the rules do not apply to:

• Jointly owned assets where the right of survivorship applies on the death of the first person

• Life insurance policies taken out for the benefit of a named individual

• Trust assets which pass under the terms of the trust

What happens if the deceased does not have any surviving family members?

The intestacy rules state that the deceased’s estate will pass to the Crown.

How can an intestacy affect the administration of an estate?

An intestacy can make the estate administration more complicated, lengthy and expensive. There may be several family members to be traced and contacted and a paper application (as opposed to an online application) is likely to be needed to obtain a Grant of Representation.

If you require advice in relation to an intestate estate or would like to speak to us about making a Will, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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