Why Having a Will Matters: The Risks of Intestacy

The rules of intestacy set out a strict legal framework for distributing an estate. While these rules are designed to provide clarity, they do not always reflect what the individual might have wanted. As a result, dying without a Will can lead to unexpected or unintended outcomes. For example, unmarried partners have no automatic right to inherit, regardless of how long they may have been together. Similarly, for married couples, a spouse does not automatically inherit the entire estate if there are children under the rules of intestacy. This can also create further complications, as the spousal exemption for inheritance tax may not apply.

When there is no Will, there is no executor appointed to manage the estate. Instead, a close relative (an “entitled person”) can apply — usually a spouse, child, or another immediate family member must apply to the Probate Registry for a Grant of Letters of Administration. Once the grant is issued, that person becomes the administrator of the estate. Their role is similar to that of an executor and includes collecting and valuing the deceased’s assets, paying any debts and taxes, and distributing the remaining estate according to the rules of intestacy.

The law sets out a strict order of priority for who inherits:

• Spouse or civil partner: If there are no children, they inherit the entire estate. If there are children, the spouse receives personal possessions, a statutory legacy (currently £322,000), and half of the remaining estate.

• Children: The remaining portion of the estate is shared equally between them. If there is no surviving spouse or civil partner, the children inherit everything in equal shares.

• Other relatives: If there are no children or spouse, the estate could pass to other family members such as parents, siblings, nieces and nephews, grandparents, or aunts and uncles.

• No surviving relatives: If no eligible relatives can be found, the estate passes to the Crown.

Many people without a spouse or children assume that making a Will is unnecessary. However, they may wish to leave something to those who have supported them later in life. Without a Will, this would not be possible. Instead, the rules of intestacy may result in more distant relatives inheriting the estate — even if they have had little or no involvement in the person’s life for many years.

“Making a Will gives you control over who inherits, protects the people you care about, and makes administering your estate simpler. It can prevent disputes and unintended outcomes, giving you peace of mind that your wishes will be respected.”

If you would like more information or would like to finalise your Will, please call us on 01708784007 or email Anne directly annewijayarathne@mplaw.co.uk

Anne Wijayarathne

Senior Associate Solicitor