If you die without a valid last will and testament in the UK, your estate will be distributed according to the laws of intestacy. Intestacy rules determine how your assets, property, and possessions will be divided among your relatives.

The exact distribution will depend on your family circumstances. Generally, in the UK, the order in which people inherit under intestacy rules is generally as follows:

  1. Spouse/Civil Partner: If you have a surviving spouse or civil partner, they will usually be the first to inherit. The exact share they receive depends on the size of the estate and whether you have surviving children or other relatives.
  2. Children: If you have surviving children, they will inherit if the estate is valued above a certain threshold. They will typically receive a share of the estate alongside the surviving spouse or civil partner.
  3. Parents: If you have no surviving spouse or children, your parents will be next in line to inherit. If one parent has already passed away, the surviving parent will inherit.
  4. Siblings: If you have no surviving spouse, children, or parents, your siblings or their children (your nieces and nephews) may inherit. The exact distribution depends on the circumstances and whether any of the siblings have passed away.
  5. Grandparents: If you have no surviving spouse, children, parents, or siblings, your grandparents or their children (your aunts and uncles) may inherit.
  6. Half-siblings: If you have no surviving spouse, children, parents, siblings, or grandparents, your half-siblings may inherit, depending on the circumstances.
  7. Crown (Bona Vacantia): If there are no surviving relatives, the estate may pass to the Crown as bona vacantia.

It's important to note that the specific distribution and entitlements can vary depending on the value of the estate and the relationships of the surviving relatives. Creating a valid will allows you to have more control over how your estate is distributed after your death.

Wills for the Married, Separated and Divorced

If you have a surviving spouse or civil partner, they will usually be the first to inherit. The exact share they receive depends on the size of the estate and whether you have surviving children or other relatives.

If you're not married or in a civil partnership, your partner will not automatically inherit anything under the intestacy rules. Instead, your estate will be distributed among your blood relatives, such as children, parents, siblings, or more distant relatives.

If you are legally separated but not divorced, the intestacy rules in the UK will still consider you married. This means that if you pass away without a valid will, your estranged spouse will generally be entitled to a share of your estate under the laws of intestacy.

The specific amount your spouse would receive will depend on the value of your estate and the presence of other surviving relatives. Generally, your spouse would be entitled to a statutory legacy, which is a fixed sum, and potentially a share of the remaining estate.

If you do not want your estranged spouse to inherit from your estate or if you have specific wishes regarding the distribution of your assets, it is important to create a valid will to ensure that your wishes are followed after your death.