Intestacy: the misconceptions that catch families out

The Rules of Intestacy decide who inherits when someone dies without a Will - and they are misunderstood remarkably often. Quick quiz: if your spouse dies without a Will, how much do you receive? Everything? A fixed sum plus half the rest? It depends entirely on the family shape - and for unmarried partners, the answer is starker still.

The rules in brief

A cohabiting partner has no automatic entitlement under intestacy - none, regardless of how long you have been together. A spouse or civil partner where there are children receives the statutory legacy (£322,000 - the figure in force since July 2023 and unchanged for 2026/27) plus personal belongings, with the remainder split between the spouse and the children. Only where there are no children, or where the estate is worth £322,000 or less, does a spouse take everything.

"We've been together donkey's years - it will all go to my partner"

No marriage, no civil partnership, one estranged adult child from a previous relationship. Under intestacy the entire estate passes to the child; the partner of decades receives nothing automatically. Cohabiting couples have no intestacy protection at all - a Will is essential.

"Everything will go to my wife, which is what I want anyway"

Estate around £850,000, three children. In fact: the statutory legacy and personal belongings to his wife, the remainder split between wife and children. Not what he wanted, and potentially forcing decisions about the family home.

"My husband knows I want £10,000 to go to my sister"

Married, no children, estate around £220,000. Under intestacy the husband inherits everything, and the sister's gift depends entirely on his memory and goodwill. Wishes are not instructions.

The fix is simple

Every one of these outcomes is prevented by a properly drafted Will. If any of these conversations sounds like one you have had, that is the sign.

Key takeaways

• Cohabiting partners inherit nothing automatically under intestacy
• A spouse does not automatically receive everything where there are children and the estate exceeds £322,000
• Verbal wishes have no legal force - only the Will speaks

Book a complimentary consultation with a STEP-qualified estate planner and put it beyond doubt.