Inheriting Without a Will: How the Rules of Intestacy Really Work in England & Wales

When someone dies without a valid Will, they're said to have died 'intestate'. Instead of your wishes being followed, your estate is shared out according to the Rules of Intestacy — a fixed legal order that often doesn't match what families expect.

Who inherits under the rules of intestacy?

The order of inheritance is set by law and depends on which family members survive you. Spouses, civil partners and blood relatives are recognised — but many people you might assume would inherit are not.

• Married partners and civil partners inherit, but only the first £322,000 outright (plus personal possessions) where there are surviving children; the rest is split.
• Children inherit equally, but only after the spouse's share.
• Unmarried partners — even lifelong partners — inherit nothing automatically.
• Stepchildren, friends, and charities you support receive nothing.

"Under intestacy, the person you've shared your life with for decades could be left with nothing — and have to make a claim through the courts."

Why this catches families out

Many couples believe that 'common-law marriage' gives an unmarried partner legal rights. It doesn't. The only way to guarantee your partner, stepchildren, friends or chosen charities inherit is to write it down in a valid Will.

The simple fix

Writing a Will puts you back in control. We help families across Oldham, Rochdale and Tameside write clear, legally binding Wills from £150 for a single Will or £240 for Mirror Wills — with free home visits so it's never a chore.