Intestate
Links marked * are commercial or go to our partner sites, which share our operator. Third-party companies may pay us commission. How we make money.
Content updated:
Definition: Dying without a valid will. The intestacy rules — not the deceased — decide who inherits.
In England and Wales, intestacy gives the spouse / civil partner the personal possessions, a £322,000 statutory legacy and half of any residue, with children sharing the other half. Unmarried partners inherit nothing under intestacy. A simple online will* can prevent that outcome — see intestacy rules*.
Scotland uses 'prior rights' for the spouse and 'legal rights' that cannot be disinherited. Northern Ireland has its own statutory order. A small estate may be administered without probate but the intestacy rules still apply.
Primary source: gov.uk/inherits-someone-dies-without-will