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.

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3 Reasons To Get Support With Your Estate Plan

By Ravi Solanki • September 7, 2026

Discover three of the top reasons to seek professional support with your estate plan and learn how working with an estate planner can improve your situation.

When Should You Start Estate Planning?

By Ravi Solanki • August 28, 2026

Too many people in the UK still shy away from estate planning, as evidenced by research indicating that 56 per cent of adults in the country do not have a will in place. This only falls slightly, to 53 per cent, for those aged 50 to 64, indicating that many people are sticking their heads in the sand when it comes to what will happen to their assets when they pass away. But, of course, a will is only one element of an estate plan. There are many approaches you can use to help protect the wealth you have accumulated throughout your lifetime to pass on to your family and ensure they continue to reap the benefits of what you’ve sown. When should you start estate planning? The reality is that the sooner you start estate planning, the better. This is because an estate plan is not an activity you do once and then ignore. It is a living, breathing plan that can adapt as your life changes. Many people wait until their later years before they start thinking about what will happen to their wealth once they pass away. While it is certainly better to engage with estate planning services in your 60s than not to do so at all, it is even more helpful if you start at a younger age. One of the reasons for starting earlier is that you can make your wishes clear and ensure you have a plan in place before there could be questions over your mental capacity. It is a confronting fact, but the number of people with dementia in the UK is expected to rise to 1.4 million by 2040 , which means if you leave this process too late you may not be in a position to take control of your estate planning yourself. I share this not to scare you, but to highlight a genuine risk that many people overlook. What are the benefits of early estate planning? There are many advantages to starting your estate planning as soon as possible, chief among them that it gives you control over your future. Estate planning is an overwhelmingly empowering process and I see my clients go from feeling nervous at the prospect to feeling both relieved and in more control of their finances once they have created an estate plan with me. Other benefits of estate planning include: Being in a position to adapt your approach to new legislation around taxation. Being able to maximise the money you give tax-free to your family and loved ones. Reducing your inheritance tax bill by making smart financial choices. Maximising the amount you can give to members of your family and loved ones as tax-free gifts can be an important part of an estate plan. Under current rules, when you give someone money, that sum becomes exempt from inheritance tax provided you survive for at least seven years after making the gift. Of course, there are more complex rules surrounding this process than merely surviving seven years, and there are annual limits on how much of your wealth you can give away and in what form. This is why working with an experienced estate planner is so important. I’m here to talk you through your estate planning options at any time, simply book a Clarity Call to get started.