What Does Intestacy Mean And How Does It Affect Inheritance?

Ravi Solanki • August 13, 2026

When you read or hear about estate planning, you may come across the word “intestacy” or hear the phrase “died intestate”. But do you understand what that means and, more importantly, what impact this will have on your loved ones?




What is intestacy?

Let’s start at the beginning. Intestacy is the term used when someone dies without having a will in place, or where the will they do have is not legally valid. 


This typically makes the process of dealing with their estate more challenging and also means it usually takes longer to make sure any inheritance due goes to the right people. 


This is one of the main reasons why it’s so important to get support with your
estate planning now, rather than putting it off for a future date. The sooner you have a will and estate plan in place, the sooner you can have peace of mind about what will happen when you pass.


What are the rules of intestacy in the UK?

In the UK, intestacy rules determine who inherits the estate of someone who dies intestate. There is a hierarchy of beneficiaries that are legally allowed to inherit under these rules. 


Typically this includes a married or civil partner, children and potentially grandchildren. However, you will need to seek advice about who will inherit your loved one’s estate if they died without a will in place. 


It is also important to note that the rules can vary slightly between England, Wales, Scotland and Northern Ireland.


Who inherits your estate under intestacy rules?

In general, a married or civil partner will inherit. Children only inherit from parents who die intestate if the estate is worth over a certain threshold. At the time of writing, this is £322,000.


However, that doesn’t mean the whole estate is divided equally between a spouse and the children. The spouse will inherit the first £322,000 of the estate, and split whatever is left over that threshold with the child or children.


You’ll need to use the government website to
check who will inherit based on where your loved one lived, as well as to find out who is able to apply for probate to manage the process of distributing their estate.


This highlights why having a will and a comprehensive estate plan is so important. If you pass away without a will, you will have no control over who inherits from your estate, or over how much each individual receives. 


Does an estate plan prevent intestacy?

As long as your estate plan includes a valid will, it will prevent intestacy at the time of your passing. 


This means you can have peace of mind that not only will your relatives and loved ones find it easier to deal with your estate when you pass away, but also that your wealth is passed on to the people you want to receive it.


By creating a comprehensive estate plan, you can state your wishes clearly, making it simple for your loved ones to enact them after you are gone. 


This also gives you the option of leaving bequests to people who are not your relatives, such as to close friends or to charities and causes you value. 


If you’re still unsure about how to start your estate planning, or how to go about creating a will,
book a Clarity Call to learn more about the process and better understand what you need to do.


By Ravi Solanki • November 3, 2026
Succession planning and estate planning are both important if you are a business owner, but they deal with fundamentally different areas of your life. They complement one another, so it’s important to consider both, rather than focusing on only one. What is succession planning? If you own a business, chances are you will have at least thought about your succession plan. You may already have made provisions in relation to key employees within your organisation. But what about succession planning for you, as the owner? This is crucial when it comes to planning in later life because you won’t be in a position to run your business forever. As a business owner, it’s essential to consider how the company will run once you step down to retire, as well as how you plan to exit your business. This will form the bedrock of your succession plan. Succession planning is often discussed in the context of large companies , but it is just as important if you own and run a small business. Who will take over your responsibilities, how you train people to follow in your footsteps and how you step away are all questions that need to be answered. A succession plan can also cover the future strategic direction of your business, if that is appropriate. The sooner you start thinking about these elements of owning a business, the easier it is to put sufficient plans and processes in place while you have time to discuss and refine those with the people whose input you value. What is estate planning? Where succession planning focuses on the sustainable and smooth running of a business, estate planning is much more personal. It deals with how you want to pass on your personal wealth and possessions. An estate plan will include not only financial wealth, but also property, investments and sentimental items. Its purpose is to help you pass on all that you have earned in your lifetime in the most tax-efficient way possible. An estate plan is also not only one document. It is a set of documents designed to minimise the stress for your loved ones when they inherit. That means it typically includes not only your will, but also lasting powers of attorney, a pension nomination form and a letter of wishes. Estate plans can also include the likes of trusts to help ensure the people you care about most receive a dedicated amount from your estate. Depending on your net worth, you may also have an inheritance tax plan as part of your estate plan. This can sound overwhelming, but with the support of a professional in estate planning services , you can get all of these documents and provisions in order calmly to suit your wishes. If you own a business, your estate plan may include provisions for your business. For instance, if you want your family to remain shareholders even after you have gone. However, this does not mean your family needs to be involved in running your business. Why start estate and succession planning now? It’s never too early to begin your estate and succession planning. In fact, there are significant financial benefits to starting this process sooner rather than later. Earlier this year, research by Octopus Investments revealed that getting to grips with estate planning at the age of 50 could see affluent families in the UK pass on £397,000 more than those who start at the age of 70. To learn more about why starting estate planning early is so important and to find out what is appropriate in your situation, book a Clarity Call with one of our advisors to receive tailored advice and support.
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