If someone dies without a valid will, the law decides who receives the estate. This is known as intestacy. The rules provide an order of entitlement, but they cannot take account of every personal promise, family expectation or preference the deceased may have expressed.
Intestacy can also apply to part of an estate where a will does not dispose of everything. Having a document called a will is therefore not always enough to avoid it.
The immediate family
Where a person leaves a spouse and no children or other issue, the spouse generally takes the estate under the intestacy rules. Where there is a spouse and issue, the spouse generally receives two-thirds, with the remaining third passing to the issue under the statutory rules.
Civil partners have corresponding statutory provisions, with additional details that may require advice. If there is no surviving spouse or civil partner, children and the descendants of a deceased child may be entitled according to the applicable distribution rules.
Where there are no such relatives, the law moves through other family categories. It does not allow an administrator simply to choose the person who was closest to the deceased.
Unmarried partners need particular attention
Living together does not automatically give a partner the same intestacy rights as a spouse. A qualifying cohabitant may be able to seek provision through the courts, but this is a separate route with conditions and time limits. It should not be treated as a substitute for making a plan.
Jointly owned property may have its own outcome, depending on the ownership arrangement. That question needs to be checked separately from entitlement to the estate.
What a will can improve
A will allows you to choose an executor, identify beneficiaries and address matters such as particular gifts and guardianship wishes, subject to the law. It can make the intended arrangement clearer and reduce reliance on default rules.
Before drafting, list the people you expect to benefit and compare that expectation with the legal position. If there are children from different relationships, a dependent partner or a proposed exclusion, obtain individual advice.
Intestacy is a legal fallback. It is rarely as personal or as flexible as a considered will that has been properly completed.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.