100 years of the Intestacy Rules: Why making a Will is important
What are the intestacy rules?
The intestacy rules are contained within in the Administration of Estates Act 1925 and set out who is entitled to inherit from a person’s estate if they die without leaving a Will. This is known as dying intestate. The intestacy rules also apply in a situation where a person leaves a valid Will which does it does not distribute all their estate, for example, where all the beneficiaries named in the Will have died.
In 2025, one hundred years later, the intestacy rules remain in force (with some amendments) and they continue to be applied to the distribution of estates. However, arguably these rules fall short of the meeting the needs of modern families.
How is a person’s estate distributed in accordance with the intestacy rules?
The intestacy rules set out which family members inherit the estate. Presently, if a person dies intestate leaving a surviving spouse or civil partner and children, the surviving spouse or civil partner inherits all personal possessions, the first £322,000 of the estate, and half of the remainder. The remaining half passes to the children in equal shares (or to their descendants if they have died). If there are no children or other descendants, the surviving spouse or civil partner inherits the entire estate.
The intestacy rules set out which relatives inherit in other circumstances. If no eligible relatives are found, the estate ultimately passes to the Crown.
Why are the intestacy rules in need of modernisation?
Whilst the intestacy rules are clear and perhaps in some cases suitable, they can be seen as archaic as they have not been updated to deal with the changes in society and complex family situations.
The rules do not recognise cohabiting partners who are not married or in a civil partnership regardless of how long they have been in a relationship for. This means a surviving cohabiting partner could be left with nothing unless they jointly owned property (as joint tenants) with their partner and / or they meet the criteria to make a claim against their partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. Such a claim may or may not be successful.
Similarly, amongst other things, the rules do not account for blended families, stepchildren, foster children, friends, or charitable causes.
Why is making a Will important?
Making a Will gives you the control to make decisions regarding your estate rather than relying on the intestacy rules. Preparing a Will enables you to:
- Choose who inherits from your estate (including your personal possessions), for example, an unmarried partner, stepchildren or charities.
- Choose who will administer your estate and carry out your wishes (these people are known as executors). Appointing executors enables a more efficient and timely distribution of your estate compared to relying on an administrator appointed under the intestacy rules.
- Choose who to appoint as guardians to look after any minor children should you die before they reach the age of 18.
- Mitigate your inheritance tax liability which in many cases cannot be achieved by relying on the intestacy rules.
- Make use of trusts to protect assets for your beneficiaries (for example, children from a previous relationship).
- Make your wishes known, providing clarity for your loved ones thereby reducing the risk of family disputes.
Whilst the intestacy rules provide a legal framework as to how an estate should be distributed, they should not be considered as a substitute to proper planning by making a Will.
How we can help
Our specialist Solicitors Paul ClarkTEP and Natasha Yelland provide advice on making Wills.
If you do not have a Will in place or you have a Will and would like us to review it, then please call us on 01260 769 639 to make an appointment.
We offer a free initial consultation at our Congleton office or in your own home. Alternatively, meetings can be carried out online (e.g. via Teams).
This article does not constitute legal advice and we recommend you take advice from a solicitor before taking any action.
