What happens if someone dies without a will?
The rules of intestacy decide who inherits. These are fixed statutory rules, and they take no account of what the person would have wanted, what they said, or who actually depended on them.
How it works in England and Wales, in outline:
A married or civil partner is first in line. If there are no children, they take the whole estate. If there are children, the spouse receives the personal possessions, a statutory legacy (a fixed sum, periodically increased), and half of whatever remains — with the other half divided between the children.
If there is no spouse, the estate passes to children in equal shares, then to grandchildren if a child has died. Failing that it goes to parents, then siblings, then more distant relatives in a set order. With no relatives at all, the estate passes to the Crown.
The consequences that surprise people most:
Unmarried partners inherit nothing, however long they lived together and whatever they were told about common-law marriage — which does not exist as a legal status in England and Wales. A surviving partner may have to bring a court claim for provision, which is slow, costly and uncertain.
Stepchildren inherit nothing unless legally adopted.
A separated but not divorced spouse still inherits. Separation changes nothing; only divorce does.
Children's shares are held on trust until they turn 18, whether or not that suits the family's circumstances.
Nobody has automatic authority. Someone must apply for letters of administration, and until granted, accounts stay frozen.
There is no choice of guardian for children — the courts decide.
A deed of variation within two years allows beneficiaries to redirect their inheritance by agreement, which sometimes rescues an unfair outcome.
Scotland's rules differ considerably. General information only.