What Happens if Someone Dies Intestate?

Creating a will is an essential step in ensuring your assets are distributed according to your wishes and can make the administration of your estate significantly easier for loved ones. Despite this, recent figures from the Money and Pensions Service reveal that over half of UK residents aged 50–64, and 22% of those aged 65 and over, have yet to make a will.

When someone dies without a will – known as dying intestate – their estate is distributed in line with the rules set out in Section 46 of the Administration of Estates Act 1925.

If the deceased was married or in a civil partnership and had no children, their spouse or civil partner will inherit the entire estate. Where there are children, the spouse or civil partner will receive the deceased’s personal belongings (referred to as personal chattels), the first £322,000 of the estate, and half of any remaining amount. The other half will be divided equally amongst the children.

Where there is no surviving spouse or civil partner, the estate passes to the children. This includes adopted children, but not those who were adopted out of the family before the person’s death.

If there are no children, the estate is distributed to the next closest relatives in the following order:

  • Parents

  • Full siblings or their descendants

  • Half-siblings or their descendants

  • Grandparents

  • Aunts and uncles or their descendants

  • Half-aunts and half-uncles or their descendants

If none of these relatives survive, the estate passes to the Crown under the rules of bona vacantia.

Certain jointly owned assets are treated differently. For instance, if a property is held as beneficial joint tenants, the deceased’s share automatically passes to the surviving owner and does not form part of the intestate estate. The same applies to jointly held bank or building society accounts.

It’s also worth noting that if someone has made a will but it does not cover their entire estate – for example, if a named beneficiary has died – this can lead to a partial intestacy, and the rules above will apply to any assets not covered by the will.

If you're unsure about your current arrangements or need help drafting or updating your will, our private client team is here to help.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.