Most people know they should have a will, but many put it off—sometimes until it’s too late. If someone passes away without a valid will, their estate doesn’t simply vanish. Instead, it is distributed according to the rules of intestacy. These rules create a default plan for dividing assets among surviving relatives.

While the rules of intestacy aim to be fair, they often don’t reflect what the person would have wanted or work for their specific family circumstances. Understanding how intestacy works can help you see why considering making a Will is so important.

What Does “Dying Intestate” Mean?

“Intestate” means dying without a valid will. When this happens, the rules of intestacy step in.

Who Inherits Under the Rules of Intestacy?

1. Surviving Spouse

• If you’re married, your spouse is the first person to be considered to inherit your estate.
• It is important to note that if you have children, your spouse will inherit the first £322,000.00 of your estate and the remainder is then distributed as per 50% to your spouse and 50% between your children- this may not be the most inheritance tax effective way to distribute your estate.

2. Children and Descendants

• If you have children, they typically inherit next.
• If a child has passed away, their share may pass to their children (your grandchildren).

3. Parents and Siblings

• If there’s no spouse or children, parents may inherit.
• If parents are also deceased, siblings usually inherit.

4. Extended Relatives

• If no immediate family exists, the law looks to nieces, nephews, aunts, uncles, and cousins.

5. The State

• If absolutely no relatives can be found, the estate passes to the ‘Crown’.

What Assets Do Not Pass Under Intestacy?

Not all property is controlled by the intestacy rules, including:

• Jointly owned property with rights of survivorship
• Life insurance proceeds with a named beneficiary
• Pension policies with nominated beneficiaries
• Assets held in trust

Why Dying Without a Will Can Be a Problem

While intestate succession provides a “backup plan,” it often leads to issues such as:

• Unintended distributions – For example, unmarried partners or stepchildren may inherit nothing.
• Family conflict – Disagreements can arise if family members believe the law’s distribution is unfair.
• Delays and expenses – Probate without a will can be longer and more costly.

How to Avoid Intestate Succession

The good news is you can prevent these issues by making a will. This ensures:

• Your assets go to the people (or charities) you choose.
• You can name a guardian for minor children.
• You appoint a trusted person as executor.
• You minimize disputes, delays, and stress for loved ones.

Final Thoughts

Dying without a will can leave your estate in the hands of the law—not your loved ones. Where the rules of intestacy may provide a backup plan, they rarely match someone’s true
wishes. Making a will (and reviewing it regularly) is one of easiest ways to ensure your wishes regarding your estate are followed. If you wish to discuss making a Will further, please contact Cygnet Law on 01642 777680.