Intestacy Rules

If you haven't yet planned a Will, you run the risk of your loved ones falling foul of the laws of intestacy. This could mean they don’t inherit what you’d intended for them to receive when you die.

Intestacy rules do not make any provision for unmarried partners and non-family members to receive a share of the inheritance. If you have concerns about dying intestate, Percy Hughes & Roberts Solicitors can offer you comprehensive advice and information on the UK’s intestacy rules, giving you clarity on how your estate will be shared.

We will be happy to answer your questions on matters such as Wills, estates, probate or anything else covered in this area of the law, so don't hesitate to get in touch with our experts by calling 0800 068 3167, or by filling out an online enquiry form.

What are the rules of intestacy?

The laws of intestate succession come into effect when a person dies without leaving behind a Will, or when the Will they have made is not legally valid. Knowing what happens when someone dies intestate will help you prepare for every eventuality and put plans in place to ensure your inheritance reaches its intended recipients.

Intestacy rules impose a wide range of conditions that need to be taken into consideration if you have not yet planned a Will. For example, the laws dictate that only married persons, civil partners and other close family members can inherit from an estate, which can leave cohabiting partners, close friends and carers without any support if they are not included in a Will.

Moreover, in cases where the deceased is survived by a spouse or civil partner and their children, and has an estate worth up to £250,000, then the whole of the estate will go to the surviving spouse or partner. However, if the estate is worth more than £250,000, the surviving spouse’s partner shares what has been left over and above the £250,000 threshold with the deceased’s children.

It’s also worth noting that cases may arise in which a valid Will only covers part of the individual’s estate - in these instances, partial intestacy is declared, meaning intestacy rules will need to be applied to decide who receives the rest of the inheritance.


How we can help

Intestate succession laws have many more complexities in addition to these, which is why it’s important to get the right legal information and support. Our team of probate and Wills experts can help advise you on intestacy rules, and what they could mean for you; if you decide you want to start planning a Will, our specialists can guide you through this process too.

If you want more information on intestacy rules, planning a Will or any other matter relating to your estate, call Percy Hughes & Roberts Solicitors today on 0800 068 3167. Alternatively, you can fill out an online enquiry form, and we will be in touch at a convenient time for you.