When There’s No Will

When there’s no will, the estate is distributed under the Rules of Intestacy — a set of laws last updated by people who clearly hadn’t spent Christmas with your family.

How It Works

The estate passes in a fixed order:

  1. Spouse or civil partner
    • If there are no children, they get everything.
    • If there are children:
      • The spouse gets all personal belongings.
      • The first £322,000 of the estate.
      • Half of what’s left.
      • The children share the other half equally.
  2. No spouse or civil partner?
    Then it goes to:
    • Children → grandchildren → great-grandchildren (each branch inheriting “per stirpes”).
    • If no descendants: parents → siblings → half-siblings → grandparents → aunts/uncles → half-aunts/uncles.
    • If absolutely nobody qualifies, the estate passes to the Crown as bona vacantia.

Who Gets Nothing

  • Unmarried partners (even if you’ve lived together for decades)
  • Stepchildren (unless formally adopted)
  • Friends, carers, or charities

Real-World Chaos

Imagine David dies leaving his partner of 25 years, Sue. They never married, and his house was in his name. His children from a first marriage inherit everything. Sue, who helped pay the mortgage, gets nothing — except a phone call from the estate agents asking when she’ll be out.

The Administrative Bit

Someone must apply for Letters of Administration — usually the next of kin. They’ll handle all assets, pay debts, and distribute the estate. It’s like being executor, but without the helpful guidance of a will.

Why It Matters

The intestacy rules don’t care what was “promised” or “understood.”
So, the moral is simple: make a will. Even a basic one beats leaving your family to interpret 100-year-old legislation.

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