What Happens If You Die Without a Will in the UK (Intestacy Rules Explained for 2025)
One of the questions I ask in every client meeting is:
“Have you got a will in place, and is it up to date?”
It’s not always an easy conversation, and a lot of people put it off. But if you pass away without a will in the UK, the law decides what happens to your money, property, and possessions, not you.
What Does “Dying Intestate” Mean in the UK?
The legal term for dying without a valid will is intestate.
When that happens, your estate is divided according to the UK intestacy rules, this is a strict legal order set by law. These rules prioritise your spouse/civil partner, then children, then parents, siblings, and so on.
This can cause major problems, such as:
If you’re unmarried but in a long-term relationship, your partner may inherit nothing.
Stepchildren and close friends are excluded unless named in a will.
Children from previous relationships can complicate things quickly.
In short, UK intestacy laws don’t reflect modern family life and loved ones you’d want to benefit could be left out.
Why It’s Important to Have a Will in the UK
Making a will puts you in control of:
Who inherits your estate (rather than relying on intestacy laws)
Guardianship for children under 18
Executors to manage your estate
Reducing stress and uncertainty for loved ones
Once in place, you should review your will every few years or after any major life event (marriage, divorce, children, buying a home) to make sure it still reflects your wishes.
UK Intestacy Rules 2025: Who Inherits First?
Here’s how the intestacy hierarchy works if you die without a will in England or Wales:
1. Spouse or Civil Partner
No children: spouse/civil partner inherits everything.
With children: spouse/civil partner gets:
All personal possessions
A statutory legacy (currently £322,000)
Half of the remaining estate
Children share the other half equally (grandchildren inherit if their parent has already died).
2. Children Only (No Spouse/Civil Partner)
The estate is divided equally between children (including adopted children). Stepchildren only inherit if adopted.
3. Other Relatives (if no spouse/civil partner or children)
In order:
Parents
Full siblings (or their children)
Half-siblings (or their children)
Grandparents
Aunts/uncles (full-blood first, then half-blood) and their descendants
4. No Surviving Relatives
If there are no eligible relatives, the estate passes to the Crown or to the relevant Duchy.
Key Things to Know About Intestacy in the UK
28-day survivorship rule: a spouse/civil partner must outlive you by 28 days to inherit.
Unmarried partners: even long-term partners do not inherit under intestacy laws.
Stepchildren: not recognised unless legally adopted.
Children under 18: inheritances are held in trust until age 18.
How does this actually work?
Imagine Alice dies intestate in 2025, leaving:
A husband (Bob)
Two children (Cathy and Darren)
An estate worth £600,000 after debts
Distribution under intestacy rules:
Bob inherits all personal possessions.
Bob inherits the first £322,000.
The remainder is £278,000:
Bob gets half (£139,000).
Cathy and Darren share £139,000 (£69,500 each).
If Alice had no children, Bob would inherit everything.
In summary, dying without a will in the UK means your estate is subject to intestacy rules, and the outcome may not reflect your wishes.
A solicitor will help you draft your will, but it’s also important to have a robust financial plan in place first. That way, your will aligns with your long-term goals and protects your loved ones.
If you’d like help to create a financial plan that ensures your estate is distributed the way you want, I’d be delighted to help.
This blog is for information purposes and does not constitute financial advice, which should be based on your individual circumstances.
The Financial Conduct Authority does not regulate some aspects of Trust and Estate Planning.