Intestacy: What Happens When Someone Dies Without a Will

Imagine a loved one passes away and leaves no will. The legal term for that situation is intestacy. It sounds complicated, but the rules are actually pretty straightforward. In this guide we’ll break down who gets what, why probate matters, and how you can stop intestacy from catching you off guard.

How the Law Splits an Intestate Estate

When there’s no will, the government steps in with a set of default rules. First, the estate – that’s everything the person owned, from the house to the savings – has to go through probate. Probate is a legal process that confirms who the legal heirs are and lets them take ownership of assets.

The exact split depends on who survived the deceased. If there’s a spouse or civil partner, they usually get the biggest share. For example, in England and Wales a spouse gets the first £270,000 plus any personal possessions, plus all the remaining money if there are no children or parents left.

If there are children, the remaining money is divided equally among them. Parents or siblings only inherit if there’s no spouse or children. The rules keep moving down the family tree – grandparents, aunts, uncles – until a qualified relative is found. If nobody qualifies, the estate ends up with the state.

One thing people often miss is that debts are paid before any distribution. The estate must settle mortgages, credit cards, and taxes first. If debts exceed assets, heirs may receive nothing.

How to Prevent Intestacy

The easiest way to avoid intestacy is to write a will. It doesn’t have to be fancy – a simple document signed in front of witnesses is enough. A will lets you decide who gets each asset, who cares for any children, and even who handles the probate process.

If you already have a will, keep it updated. Major life events like marriage, divorce, having kids, or moving abroad can change who you want to inherit. Updating your will after those events prevents the default intestacy rules from kicking in.

Consider setting up trusts or joint ownership for key assets. A joint bank account or a property held as “joint tenants” passes automatically to the surviving owner, bypassing probate altogether.

Even if you think your estate is small, intestacy can still cause delays and extra costs. Probate can take months, and the court may need to appoint an administrator. Having a clear plan saves your loved ones time, stress, and money.

Finally, talk about your plans with family members. Open conversations reduce surprises and make the eventual administration smoother.

Intestacy isn’t something you need to fear, but it’s better to be prepared. By understanding the default rules and taking a few simple steps, you can make sure your wishes are followed and your family isn’t left guessing.