⚠️ Unmarried partners inherit nothing under intestacy — regardless of how long you've been together.
The Intestacy Rules: Who Inherits?
| Your situation | Who inherits |
|---|---|
| Married/civil partner, no children | Spouse inherits everything |
| Married/civil partner + children | Spouse gets first £322,000 + half remainder. Children share the other half. |
| Unmarried partner (any length) | Partner gets nothing. Children inherit everything. |
| Children only (no partner) | Children share equally |
| No spouse or children | Parents → siblings → half-siblings → grandparents → aunts/uncles |
| No living relatives | Estate passes to the Crown (bona vacantia) |
Real-World Scenarios
❌ Cohabiting couple, no Will
Together 12 years, own a home jointly as tenants in common. Partner dies. The surviving partner inherits nothing from their share — it passes to the deceased's children from a previous relationship.
❌ Blended family, no Will
Remarried with step-children. Dies intestate. Step-children inherit nothing — only biological and legally adopted children count under intestacy rules.
❌ Estranged parent, no Will
You have no contact with a parent you fell out with decades ago. You die without a Will. If you have no spouse or children, that estranged parent inherits your entire estate.
❌ Close friend or carer, no Will
Your closest friend or the person who looked after you in old age receives nothing. Intestacy only recognises blood relatives and legal spouses.
What About My Children?
Children under 18 cannot directly inherit large sums. If you die intestate and leave money to minor children, it is held by trustees until they turn 18 — at which point they receive the full sum regardless of maturity. A Will allows you to extend this to 21, 25, or set conditions.
Children from previous relationships inherit equally with children from your current relationship — which may not be your intention.
Does Joint Property Pass by Intestacy?
It depends how you own it. Property held as joint tenants passes automatically to the surviving owner regardless of any Will or intestacy. Property held as tenants in common does not — your share falls into your estate and is governed by intestacy rules.
💡 Check your property title. Many couples assume they're joint tenants but are actually tenants in common. A quick check at HMLR (£3) confirms which applies to you.
How Much Does It Cost to Avoid This?
A single Will from Clear Legacy costs £69. It takes 20 minutes to complete the questionnaire. Your Will is drafted by a qualified estate planner and returned within 24 hours. The cost of not having one can run to tens of thousands — or an estate that goes entirely to the wrong people.
A Will for £69. Done in 24 Hours.
20-minute questionnaire. Expert reviewed. Legally valid in England & Wales.
Write My Will — £69 Mirror Wills — £99