Intestacy is dying without a valid will. When this happens in England and Wales, the estate is distributed under fixed statutory rules — the intestacy rules — rather than according to the deceased's wishes. These rules prioritise a spouse or civil partner and blood relatives, and exclude unmarried partners and unadopted stepchildren.

What does partial intestacy mean?

Partial intestacy occurs where a valid will exists but does not dispose of the whole estate — for example, it has no residuary clause. The part not covered by the will passes under the intestacy rules, while the rest follows the will.

How do you avoid intestacy?

Make a valid will and keep it up to date. A properly drafted will with a residuary clause ensures your whole estate is distributed as you intend, avoiding both full and partial intestacy.

What is intestacy?

England & Wales · Inheritance

Quick answer

Intestacy means dying without a valid will. When that happens in England and Wales, your estate is shared under fixed statutory rules — the intestacy rules — instead of according to your wishes. These rules put a spouse or civil partner and blood relatives first, in a set order, and they completely exclude unmarried partners and stepchildren who were never adopted.

Detailed explanation

A person who dies without a valid will is said to die intestate. Instead of choosing who benefits, the law applies a default scheme set out in the Administration of Estates Act 1925. There are two forms:

Full intestacy — there is no valid will at all, so the entire estate passes under the statutory rules.
Partial intestacy — there is a valid will, but it fails to deal with the whole estate (for example, it has no residuary clause). The undealt-with part passes under the intestacy rules, while the rest follows the will.

The intestacy rules follow a strict hierarchy: a surviving spouse or civil partner (who takes a statutory legacy and a share), then children, then parents, siblings, and more distant relatives. Crucially, the rules recognise only legal relationships. An unmarried partner inherits nothing, however long the relationship; a stepchild who was never adopted inherits nothing; and if no qualifying relatives exist, the estate passes to the Crown.

Intestacy also tends to be slower and more stressful for families: there is no named executor, so a relative must apply to become "administrator," and disputes are more likely where the outcome does not match what everyone expected. Making a valid will with a residuary clause is the simple way to avoid both full and partial intestacy.

Example scenario

Daniel dies suddenly with no will, leaving a long-term partner he never married and a brother he rarely saw. Under intestacy, his partner inherits nothing and his estate passes to his brother. Daniel's partner is left to consider a stressful Inheritance Act 1975 claim. A short, valid will leaving everything to his partner would have avoided the whole situation.

Key point: Intestacy is the law's guess at your wishes — and it often guesses wrong, especially for modern families. A will replaces the guess with certainty.

Sources

Administration of Estates Act 1925 (as amended) — legislation.gov.uk
GOV.UK — Inheritance: rules when there's no will (intestacy)
Citizens Advice — Who can inherit if there is no will

Reviewed by: ClearLegacy editorial team
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

Don't leave it to the default rules.

The free ClearLegacy Estate Risk Assessment shows what intestacy would mean for you.

Check my estate risk

What is intestacy?

Detailed explanation

Sources

Related questions

Don't leave it to the default rules.