Rules of intestacy
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If someone dies without leaving a will, this is called intestacy. Complicated legal rules are used to decide who should inherit property and belongings if the owner has died without making a will.
What is intestacy?
If someone dies without leaving a will, they die 'intestate', but this doesn't mean that no one is entitled to inherit the person's estate. Certain people who are related to the person who has died may still have legal rights to the home. Your rights depend on how you are related to the person who has died.
Whatever situation you're in, it's important to understand that you won't automatically have rights just because you have been living with the deceased.
You may have some automatic rights if the person who has died was:
- your spouse or registered civil partner, or
- your parent or grandparent.
Cohabiting partners don't have any automatic rights, but may be able to make a claim from the estate. This is quite a complicated area of law and you should speak to a solicitor to find out if you have any rights.
Who inherits under the laws of intestacy?
In most cases, the spouse or registered civil partner of the person who died can inherit all or part of the estate. How much s/he inherits will depend on:
- the value of the property (if the value is over a certain amount, other relatives may also be entitled to a share), and
- whether the deceased has direct descendents (eg children or grandchildren) or other relatives (eg parents, siblings, nieces and nephews) who may also be entitled to inherit.
It is very important to understand that the property may have to be sold in order to distribute the person's estate under the rules of intestacy. Sorting out the legal issues could take a long time. So if you lived with the person who has died, don't move until you have spoken to a specialist adviser or solicitor to find out exactly where you stand.
Use our directory to find an adviser in your area, or contact the Community Legal Advice helpline on 0845 345 4 345.
Do cohabitees have rights?
Cohabitees have no automatic rights under the rules of intestacy. You will not automatically inherit the property even if you have been living together for a very long time. You may, however, be able to apply for financial provision from the estate of the person who has died.
However, if you owned your property jointly as 'joint tenants', the rules of intestacy do not apply. The surviving partner inherits the deceased person's share. You may need to check the title deeds to find out whether you owned the property as 'joint tenants' or 'tenants in common'.
Can friends inherit under the rules of intestacy?
No. Even the deceased's closest friends can never inherit under the rules of intestacy. This is the case even if the person who died is not married, is not in a civil partnership, has no children, and has no other relatives. The property (and any other assets) will probably be sold and the money will go to the Government.
What if the property has to be sold?
If you are entitled to a share of the property's value, you might be able to continue living there until it has been sold, although any other person who is entitled to a share of the house would have to agree to this. If you are not on speaking terms with the other person, ask your solicitor to try and work something out for you. Do not move out until you have spoken to a specialist adviser or solicitor to find out exactly where you stand.
