Intestacy Dying Without a Will England, Wales, Scotland and Northern Ireland
Published / Last Updated on 04/05/2022
Intestacy - Make Sure You Have Written Your Last Will and Testament in the UK
Apart from the normal confusion, heartache, disputes and delays for loved ones resolving your affairs if you die without a Will there are Laws of Intestacy that come into force.
The law regarding intestacy differs depending on where you live in:
- England & Wales.
- Scotland.
- Northern Ireland.
Rules also differ as to whether you are married, in a civil partnership or unmarried and whether you have children or not.
Intestacy, Death Without A Will if Married or Civil Partner with Children
Watch Video: No Will Married, Children
Joint Assets: Any assets that you jointly own e.g., land or property under joint tenancy or joint named bank accounts are automatically transferred into the sole name of the surviving partner.
Remaining Assets in Sole Name of the Deceased Are Distributed As Follows:
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England and Wales |
Scotland |
Northern Ireland |
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Legal spouse inherits first £270,000 of your estate |
Legal spouse inherits 100% of house value up to £473,000 or if the house is worth more, then the house may need to be sold to ensure that the spouse receives £473,000 |
Legal spouse inherits first £250,000 of your estate |
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50% of the balance of the estate goes to your legal spouse |
Legal spouse also inherits furniture and household goods up to £29,000 |
Legal spouse also inherits your personal possessions |
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50% of the balance of the estate goes to your children equally |
Legal spouse inherits cash up to £50,000 |
If there is 1 child: 50% of the balance of the estate goes to your legal spouse |
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1/3rd of the balance of the estate goes to your legal spouse |
If there is 1 child: 50% of the balance of the estate goes to your child |
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2/3rds of the balance of the estate goes to your legal children equally |
If there are 2 or more children: 1/3rd of the balance of the estate goes to your legal spouse |
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If there are 2 or more children: 2/3rds of the balance of the estate goes to your legal children equally |
Intestacy, Death Without A Will if You Are Not Married or Civil Partners
Watch Video: No Will & Not Married
The first thing to be aware of is that if you live with a partner and are not married or in a civil partnership, your ‘common law’ partner will only inherit assets that you jointly own e.g., land or property under joint tenancy or joint named bank accounts are automatically transferred into the sole name of the surviving common law partner.
Remaining Assets in Sole Name of the Deceased Are Distributed In Order of Succession (if Surviving You) As Follows:
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England and Wales |
Scotland |
Northern Ireland |
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100% to Children in equal shares and if no children onto the next level of successors as follows: |
100% to Children in equal shares and if no children onto the next level of successors as follows: |
100% to Children/Grandchildren and other ‘Direct Line’ descendants in equal shares and if no direct line descendants onto the next level of successors as follows: |
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Parents |
50% to Parents and 50% to Siblings (if no full siblings, then half siblings) |
Parents |
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Siblings (brothers and sisters) |
If no Siblings (or half siblings) then 100% to Parents |
Siblings |
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Half Siblings |
Uncles and Aunts |
Grandparents |
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Grandparents |
Grandparents |
Uncles and Aunts |
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Uncles and Aunts |
Great Uncles and Aunts |
Closest Blood Relatives |
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Half Uncles and Aunts |
The Crown |
The Crown |
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The Crown |
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Don’t Delay Make A Will: It is advisable that we all make a Will to ensure that the people or organisations that we care about, inherit our wealth in the proportions that we would like.