Last updated: July 6, 2026
What does dying intestate mean?
Dying intestate simply means dying without a valid will. Over half of UK adults don’t have a will, which can make it harder to decide who inherits their money, property and belongings (known as the estate) after they pass away. It’s one reason many people choose to put plans in place early.
There are strict laws in place to decide who inherits what if someone dies without a valid will: the laws of intestacy. Understanding the basics of these laws can help families know what steps to take next.
Are intestacy laws different across the UK?
The laws of intestacy are different depending on where you live in the UK. England and Wales share one set of rules, while Scotland and Northern Ireland each have their own. If you’re dealing with an estate, it’s important to check the rules for the relevant part of the UK. For example, in Scotland, the husband or wife of the deceased has ‘prior rights’ to things like the family home and its furniture, whereas this is different in the rest of the UK. In more complicated cases, a person’s legal address or where they held their assets can make a real difference when working out which rules apply.
Who inherits if there’s no will?
If someone dies without a will, intestacy rules decide who inherits. The ‘order’ of inheritance generally sticks to the following pattern, but it’s always worth checking the rules specific to your area of the UK just to make sure.
In general, inheritance follows this order:
- A surviving husband, wife or civil partner would usually inherit all or most of the estate (depending on where the estate is handled in the UK).
- In England and Wales, if there are children, the husband, wife or civil partner inherits all the deceased’s personal belongings and the first £322,000 of the estate (as of 26 July 2023).
- In Scotland, if there are children they are entitled to a third or a half of the moveable estate, depending on whether there is a surviving spouse. In Northern Ireland, if there are children, they divide the estate equally after a surviving spouse or partner claims their share.
- If there is no surviving spouse or child, the estate may pass to parents, siblings or other close relatives in a specific order.
For a more detailed breakdown of intestacy laws across the UK, you can review the official GOV.UK Intestacy Guidance or nidirect for Northern Ireland.
Who does not inherit automatically when someone dies intestate?
Some people don’t automatically inherit under intestacy rules, even if they were close to the person who died.
Many people are surprised to learn that unmarried partners don’t automatically inherit anything, no matter how long they’ve lived together. They assume that the surviving unmarried partner would inherit something under a ‘common law marriage’. However, this is actually a myth and offers no legal protection when someone dies intestate. If this may affect your family, professional legal advice can help you understand your options.
Other people who could be excluded by the standard rules of intestacy include:
- Close friends
- Carers
- Stepchildren who weren’t legally adopted
This can be difficult come to terms with for these loved ones who are left behind. Situations like this are one reason many people choose to make their wishes clearer in advance.
What happens to joint bank accounts and property when someone dies intestate?
Not everything someone owns is covered by intestacy rules. If a bank account or property is owned jointly, it usually passes automatically to the surviving owner.
Some assets may not be shared out under intestacy rules. It’s worth checking the rules for your part of the UK, as some assets may be treated differently. For example, life insurance written in trust and some pension death benefits may pass separately, depending on how they were set up and the scheme rules. If something is written in trust, it means it has been set up to pass to a chosen person outside the estate.
Financial arrangements, legal documents and funeral wishes all play different roles when someone dies. Checking how large assets are owned can help families understand what will and will not be shared out.
Who deals with the estate if there is no will?
When someone has a will, they name an executor they trust to make sure that their wishes are carried out. If someone dies without a valid will, then there is no executor. Instead, a close relative must come forward to handle the estate.
This relative needs to apply to the court for a grant of letters of administration. In Scotland, these are known as letters of confirmation. Once these letters are granted, they can do all the necessary administration like closing bank accounts, selling property and distributing money. This process can take time and patience, which can be difficult when someone is grieving.
Can the rules of intestacy be challenged?
In some cases, intestacy rules can be challenged. In England and Wales, the Inheritance Act 1975 allows someone who was financially dependent on the person who died to make a legal claim on the estate, even if they’re not allowed to inherit. Going to court can be costly and time-consuming, so it’s important to get legal advice before making a claim.
There is a strict time limit for submitting a claim: usually, you have six months from the date the letters of administration/confirmation are issued. Anyone considering a claim should get professional legal advice as early as possible.
How planning ahead can reduce stress for your family
After someone passes away, there is a lot of administration that needs to be done. Sometimes, people don’t realise how costly and stressful it can be to face any delays or issues with the estate. It’s never easy to think about what happens when we’re gone, but as we’ve seen, having plans in place can really make things easier for your family and friends in the long run.
A will and a funeral plan do different things. A will helps explain who should deal with your estate and who should inherit your money, property and belongings. A funeral plan helps set out your funeral wishes and can reduce some of the practical and financial pressure on your family. You can choose to put both in place, if that suits you best.
While we don’t offer a will writing service, we are here to help with other aspects of planning ahead and giving you peace of mind.
If you’d like to understand how a funeral plan could help you plan ahead, call us free on 0800 090 2258. Our friendly team can talk you through your options Monday to Friday, 9am to 5pm.
If you’d prefer to speak to someone locally, you can find an independent funeral director in our network using our free search tool. Pop in wherever you see the Golden Charter seal.
