When someone passes away without a Will, they are said to have died “intestate,” meaning their estate must be distributed according to strict legal rules. Many people assume their closest loved ones will automatically inherit, but this is not always the case. Intestacy rules can lead to unintended outcomes and even disputes among family members, particularly when the deceased’s wishes are not formally recorded.
In England and Wales, the order of inheritance begins with the spouse or civil partner, although this can blend with children of the deceased in some circumstances (see our September 2023 blog for more details on this).
The flowchart above outlines the full intestacy process.
To avoid these complications, it is essential not only to create a Will but also to ensure it is safely stored and that your executors know where to find it. If a Will cannot be located, is not legible due to damage, or if only a copy is presented to the probate office, the deceased may still be deemed to have died intestate. Proper storage and clear communication with your executors are crucial to ensuring your wishes are carried out as intended.
