If you die intestate in the UK, your estate will be distributed according to the UK intestacy rules. These rules decide who gets your property, money, and personal possessions and may not align with your wishes. For more information, visit Darwin Gray.
Intestacy Rules and Inheritance Order
When a person dies intestate, the estate passes in a strict order. The order depends on your family situation at the time of death, as follows:
Spouse or Civil Partner
If you’re married or in a civil partnership, your surviving spouse or civil partner will usually get most of your estate. If your estate is worth less than £270,000, they will get everything. If it’s worth more, your other half will get the first £270,000, your personal possessions, and half the remainder. The balance will go to your surviving children if you have more than one child.
Surviving Children
If you have surviving children, they will get the balance of your estate after your spouse or civil partner has received their share. The inheritance will be shared equally between your children. This includes biological children and adopted children but not stepchildren unless they have been adopted.
Surviving Parents and Extended Family
If you don’t have a spouse or surviving children, your estate will pass to your surviving parents. If they have died, your estate will go to your surviving relatives. If no living relatives can be found, your estate will pass to the Crown Solicitor’s Office as bona vacantia (ownerless goods).
Cohabiting Couples
If you are in a long-term relationship but not married or in a civil partnership, your surviving partner will not inherit anything from your estate under the intestacy rules. This is true even if you have children together.
What About Stepchildren?
Stepchildren do not inherit under the UK intestacy rules unless they have been legally adopted. If you want your stepchildren to inherit from your estate, you must include them in your will.
What If You Have No Will?
If you die intestate, the distribution of your estate will follow the strict order set out in the intestacy rules, which may not be what you wanted. For example, if you are living with your partner but not married or in a civil partnership, they will not inherit your estate. If you have surviving parents but no children, they will inherit everything, even if you would have preferred to leave your estate to someone else.
Inheritance Tax
If your estate is worth more than the inheritance tax threshold (currently £325,000), inheritance tax will be payable. This applies whether you have a will or die intestate. The tax rate is 40%.
How to Avoid Dying Intestate
To make sure your estate is distributed as you want it to be:
Write a Will: This is the only way to say how you want your estate to be distributed.
Update Your Will: Changes in your life, such as getting married, having children, or getting legally divorced, should prompt an update to your will.
Appoint Executors: Choose people you trust to manage your estate and make sure your wishes are followed.
Intestacy FAQs
Who gets my estate if I have no spouse or children? If you die intestate with no spouse or children, your estate will go to your closest blood relatives in the following order: parents, siblings, grandparents, aunts, uncles, cousins. If no relatives can be found, the Crown will inherit your estate.
Does my partner inherit if we’re not married? No, unmarried partners do not inherit under the intestacy rules. A valid will is required to ensure your partner inherits your estate.
What about my stepchildren? Stepchildren do not inherit under the UK intestacy rules unless they have been legally adopted. You must specifically state in your will if you want to include them in your estate.
What’s the inheritance threshold for a spouse? If your estate is worth more than £270,000, your spouse or civil partner will get the first £270,000, your personal possessions, and half the remainder. The rest will be split equally between your children if you have any.
Conclusion
If you’ve died intestate, it can mean an outcome you never wanted. To make sure your estate is distributed as you want it to be, a will is essential. A will allows you to say who inherits your estate, who will look after your children, and make sure your surviving partner, stepchildren, or other loved ones are looked after.
If you haven’t got a legally binding will yet, it’s a good idea to speak to a solicitor who specialises in wills and probate to make sure your wishes are respected after you die.
