What is intestacy?

If you’ve stumbled upon this page, you are likely wondering, “What is intestacy?”. Intestacy is when someone dies without leaving a Will. They are said to have died intestate, and their estate (money, property, and possessions) must be distributed to their next of kin following the rules of intestacy.  

What are the rules of intestacy?

The intestacy rules are dictated by law in the country where the deceased was domiciled. In England & Wales, the order of priority is: 

• Spouse/civil partner

• Children

• Parents

• Full-blood siblings

• Half-blood siblings

• Grandparents

• Full-blood aunts/uncles

• Half-blood aunts/uncles 

If a relative has passed away, their descendants are entitled to inherit on their behalf. For example, a niece/nephew would inherit if a sibling had passed away, and a cousin could inherit if the aunt/uncle had already died. 

In Scotland, they follow slightly different intestacy rules.

Learn more about the order of inheritance in the UK and who inherits if there is no Will.