When someone dies without a valid will, they are said to have died "intestate." What happens next is not guesswork, it follows a strict legal formula called the intestacy rules, set out in the Administration of Estates Act 1925. The rules do not consider what you would have wanted. They simply work through a fixed order of priority.

The basic order of priority

If you die without a will in England and Wales, your estate passes in this order, and only the first category with a surviving person inherits anything at all:

1. Spouse or civil partner, and children, if both survive you, the estate is split between them.

2. Children alone, if there is no surviving spouse or civil partner.

3. Parents, if there is no spouse and no children.

4. Siblings, then half-siblings, then grandparents, then aunts and uncles, in that order, if none of the above survive you.

5. The Crown, if no qualifying relative can be found at all. These unclaimed estates are handled by the Government Legal Department's Bona Vacantia division.

How the split works if you have a spouse and children

This is where many families are caught off guard. A surviving spouse or civil partner does not automatically inherit everything. They receive all personal possessions, a fixed sum known as the statutory legacy, and half of whatever is left. The other half is split between the children. For most estates this works out fine, because the statutory legacy covers the bulk of a typical estate's value, but for larger estates, it means children inherit a share immediately, sometimes creating real financial pressure for a surviving partner who needs that money to live on.

Who gets absolutely nothing

This is the part that catches people out most often.

• Unmarried partners. However long you have lived together, however many bills you have shared, a cohabiting partner has no automatic right to anything under intestacy. There is no such thing as common law marriage in England and Wales. The only possible remedy is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is expensive, uncertain, and not guaranteed to succeed.

• Stepchildren. Unless legally adopted, a stepchild inherits nothing, regardless of how long they were raised as part of the family.

• Friends, carers, and charities. None of them appear anywhere in the intestacy rules, however close the relationship or however much you might have wanted to leave them something.

What happens to children's inheritance

If a child under 18 is entitled to inherit, their share is not handed over. It is held in a statutory trust, managed by trustees, usually the surviving parent, until the child turns 18. At that point, they receive the whole amount outright, with no flexibility for school fees, a deposit on a first home, or any other purpose before then, and no protection if they are simply not ready to manage a lump sum at 18.

Who handles the estate

A will lets you appoint an executor, someone you trust to deal with everything. Without one, there is no executor, so a family member has to apply to the Probate Registry for what is called a Grant of Letters of Administration instead of the more familiar Grant of Probate. The person appointed, known as the administrator, is usually the closest surviving relative, but it is the court's process that decides, not yours.

Can anything be changed after the fact?

In some cases, yes. Within two years of the death, the people entitled to inherit under intestacy can agree to redirect the estate between themselves, known as a deed of variation. This can sometimes correct an unfair outcome, but only if every affected beneficiary agrees, which is far from guaranteed, and it relies on goodwill that grief and money do not always bring out in families.

The simplest way to avoid all of this

A will overrides the intestacy rules entirely, except for a successful Inheritance Act 1975 claim. It lets you choose who inherits, who looks after your children, and who administers your estate, rather than leaving any of it to a formula that was never designed with your family in mind.

Don't leave it to the intestacy rules. Book Consultation with Everlasting Legacy and we will help you put a valid will in place, quickly and without the jargon.

This article provides general information about the law in England & Wales and is correct at the time of writing. It is not a substitute for advice tailored to your individual circumstances. Please speak to a qualified adviser before making decisions about your estate.