Who can inherit if there’s no will: Rules of intestacy

In the UK, it is predicted that over 51% of people don't have a valid will. Selling a house after someone you know has died can be tremendously stressful and upsetting, especially if they haven't left a legal will behind.

Luckily, In England and Wales, laws protect surviving relatives when someone dies without leaving a valid will, which is called the Rules of Intestacy. These rules help equally distribute the estate and property of the deceased to all surviving close and extended families.

Much like the probate property process, there can often be much confusion about how the process works, so in this article, we will cover what Intestacy is, who can inherit under the rules and how you can sell the inherited property.

What does intestacy mean?

Intestacy occurs when someone dies without leaving a valid will. In such cases, managing the deceased person’s property or estate becomes more complicated, as there is no clear legal direction.

To resolve this, specific laws called the Intestacy Rules determine who will inherit the deceased’s property, following a set of legal criteria.

If you are a relative or close friend of the deceased and willing to manage their estate, you can apply for a Grant of Letters of Administration (similar to Grant of Probate). This gives you the authority to act as the estate administrator.

As the estate administrator, you are responsible for valuing the deceased’s property, paying any outstanding debts, and distributing the estate according to the Intestacy Rules.

Who can inherit under Rules of Intestacy?

Under the Intestacy Rules, only certain individuals can inherit the deceased’s estate. Typically, this includes married spouses, civil partners, and close relatives.

If the deceased left a will that is found to be legally invalid, the estate will be distributed according to the Intestacy Rules, rather than based on the wishes expressed in the valid will.

Can intestacy be contested?

In general, only family members can challenge the distribution of an estate under the Intestacy Rules. However, if someone is dependent on the deceased but are not directly entitled to inherit under the rules, they may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act.

How much does a spouse get on intestacy?

The Rules of Intestacy determine what a surviving spouse or civil partner can inherit when someone dies without a will. The inheritance varies based on whether there are surviving children, the type of property ownership and the overall value of the estate.

You can only inherit under the Rules of Intestacy if you were legally married to, or in a civil partnership with, the deceased at the time of their death. If you were separated but not legally divorced or your civil partnership had not been dissolved, you are still entitled to inherit.

However, if you were divorced or the partnership had legally ended, you are not entitled to inherit under these rules. If you were cohabiting but not married or in a civil partnership, you are not entitled to inherit under the Rules of Intestacy. This is often referred to as the position of cohabiting partners.

Who is legally next of kin if there is no will?

If the deceased has surviving children, grandchildren or great-grandchildren, and the estate is valued at more than £270,000, the estate is divided as follows:

The spouse or civil partner inherits:

• All of the deceased’s personal property (e.g. belongings, furniture, etc)

• The first £270,000 of the estate.

• Half of the remaining estate after the initial £270,000.

The children or their descendants inherit:

• The other half of the remaining estate is divided equally among the surviving children.

• If any children predeceased the deceased, their share will pass to their descendants.

If the deceased has no children, grandchildren or great grandchildren, the surviving spouse or civil partner will inherit all of the deceased’s personal property, or the entire estate, including all assets and interest from the date of death.

Children’s entitlement under the rules of intestacy

Children, whether biological or legally adopted, are entitled to inherit under the Rules of Intestacy. If both parents are deceased, the children will inherit the entire estate, which is divided equally among them.

If one parent survives, the surviving parent inherits the first £270,000 and personal property, and the children inherit half of the remaining estate, divided equally. 

If the children are under 18 or are unmarried individuals not in a civil partnership cannot immediately access their inheritance. Trustees manage their share until they reach adulthood (18 years old). All children, regardless of whether they are from different relationships, are treated equally under the Rules of Intestacy. Each child has an equal claim to the estate.

Intestacy rules for grandchildren

Grandchildren and great-grandchildren generally do not inherit under Intestacy Rules unless certain conditions are met:

• Their parents or grandparents must have died before the intestate person.

• Alternatively, the parent or grandparent must have died before reaching 18 or without being married or in a civil partnership.

If either of these criteria is met, the grandchildren and great-grandchildren will inherit equal shares of what their parent or grandparent would have been entitled to under the Rules of Intestacy. 

What are intestacy rules for other family members?

When a person dies without a valid will, and there is no surviving spouse or civil partner, the estate passes to other close family members according to the Rules of Intestacy. These family members include children, grandchildren, parents, siblings and extended family.

Rules of Intestacy for other close family members

If there are no surviving children or grandchildren, other close relatives may inherit:

• Parents: If the deceased has no surviving spouse, civil partner, or children, the parents will inherit the entire estate.

• Siblings: If there are no surviving parents, the estate is divided equally among any surviving siblings. If a sibling has passed away, their children (the deceased’s nephews and nieces) can inherit in their place.

• Nieces and nephews: They may inherit if their parent (the deceased’s sibling) has died and they are the closest surviving relatives.

What happens to a property in joint names when one dies?

When someone passes away without a valid will, the rules of intestacy determine how their estate is distributed. Shared or jointly owned property is treated differently depending on the type of ownership and the assets in question. For couples who own property or accounts together, it is important to understand the difference between beneficial joint tenancies and tenancies in common.

Beneficial joint tenancies

Under a beneficial joint tenancy, both partners own the entire property together rather than holding distinctive shares. This type of ownership comes with the right of survivorship, which means that:

• When one partner dies, the surviving partner automatically inherits the deceased’s share of the property, regardless of the rules of intestacy.

• The property does not pass through the deceased’s estate, meaning it cannot be claimed by other relatives or dependents under intestacy laws.

This arrangement is commonly used by couples who wish to make sure their home automatically passes to the surviving partner upon their death.

Tenancies in common

In a tenancy in common, each partner owns a distinct share of the property, which may be equal or unequal. Unlike a beneficial joint tenancy, there is no right of survivorship.

• When one partner dies, their share of the property becomes part of their estate and is distributed according to the rules of intestacy.

• This could mean the deceased’s share goes to their children, parents, or siblings depending on the hierarchy of inheritance outlined in intestacy laws.

• The surviving partner may need to negotiate with the new beneficiaries, which could complicate their ability to remain in the property.

Couples often hold joint bank or building society accounts. These accounts differ from property in how they are treated upon one partner’s death. The surviving partner automatically inherits the entirety of the account’s funds. 

This transfer occurs outside the deceased’s estate and is not subject to intestacy rules. Money in a joint account is excluded from the valuation of the deceased’s estate for intestacy purposes. This can simplify the probate process and reduce the estate’s taxable value.

Any property or assets that pass directly to a surviving partner though joint ownership do not form part of the deceased’s estate. However, other assets, such as individual bank accounts, investments or personal possessions, will be distributed according to the intestacy laws, which prioritise close relatives.

Our rules of intestacy flowchart

How long does it take to settle inheritance under intestacy?

Settling an inheritance under intestacy usually takes 6 to 12 months, but this timeframe can vary significantly depending on the complexity of the estate, the presence of disputes, and any debts associated with the deceased’s assets.

If there are no eligible beneficiaries that can be identified under the rules of intestacy, the estate is classified as bona vacantia (ownerless goods). In this case, the estate will be held by the courts for 12 years to allow time for any eligible claims to be made by potential heirs or beneficiaries. During this period, eligible individuals can submit proof of their entitlement.

If no suitable claims are made within 12 years, the estate is transferred to the Crown, also known as the “Crown’s Treasury Solicitor.” Once transferred, the estate is no longer claimable by any relatives.

Should you sell a house under the Rules of Intestacy?

Handling the estate of someone who dies intestate can be a complex and time-consuming process, often taking months to locate and confirm all eligible beneficiaries. During this period, concerns about maintaining mortgage payments on the property may naturally arise.

Fortunately, most mortgage lenders and banks are understanding of these situations, and many mortgages offer a grace period to provide time for the necessary arrangements to be made.

Once all beneficiaries have been identified, the property may end up being co-owned by multiple people. In such cases, the most practical solution is often to sell the property quickly so that each beneficiary can receive their share of the estate in a timely manner. This helps avoid potential conflicts and ensures that debts associated with the property, such as mortgage payments can be settled without delay.

In some instances, you may find yourself inheriting a property unexpectedly, especially if you are the sole or primary beneficiary. If you are financially able to take over the mortgage payments, you might consider keeping the property, either by moving into it or renting it out as a source of income. 

However, it’s important to keep in mind that the Rules of Intestacy can make things more complicated, especially when multiple beneficiaries are involved.

In many cases, beneficiaries may come to a consensus that selling the property is the best course of action. Selling not only allows the proceeds to be distributed according to the Rules of Intestacy, but also ensures that any outstanding debts — such as the mortgage are settled. Once the property is sold and the debts are paid, the remainder of the estate can be divided as per the legal guidelines ensuring a fair and orderly resolution. 

What’s the best way to sell a house under Intestacy Rules?

For over 250 years, traditional estate agents have been the go-to option for selling homes. However, in the last few decades, selling habits have shifted as people seek faster solutions, especially for properties tied up in lengthy probate and conveyancing processes.

Today, homeowners have multiple avenues to explore when selling a house, including property auctions, online, hybrid agencies and traditional estate agents. However, when it comes to selling inherited properties under the Rules of Intestacy, the best option for many is using cash house buyers.

While traditional estate agents can take anywhere from 4 to 8 months to complete a sale, cash house buyers can purchase properties in as little as 7 days – sometimes completing on the same day as the offer is accepted. This speed can be especially beneficial for inherited properties that may have already been delayed for several months due to the probate process.

One of the advantages of using a cash buyer is that you can begin setting up the sale even while waiting for probate to be granted. While the sale cannot legally be completed until you receive the Grant of Letters of Administration, there’s nothing stopping you from securing a cash buyer and arranging all the necessary paperwork ahead of time. 

This preparation allows you to sell your house as soon as probate is granted, reducing the total waiting time significantly. 

If you’re dealing with an inherited property under the Rules of Intestacy, it’s worth considering a property cash buying service. Here at The Property Buying Company we can act quickly to help you sell your property within 7 days, covering all your legal and selling costs. Allowing you to focus on finalising probate without the burden of lengthy house sales or additional fees.

Rules of Intestacy FAQs