The basic framework for intestacy does not change very often. Because these rules are baked into UK law, altering them takes an act of Parliament. As a result, the fundamental structure stays untouched for decades at a time, though the financial figures attached to them get tweaked every few years. Learn more about the rules of intestacy and how they determine who inherits when someone dies without a valid will.
Both GOV.UK and IWC Probate Services explains Inheritance if someone dies without a will, including who can inherit under the current intestacy rules.
Big Changes Are Rare
The priority order of who gets what when someone dies without a will almost never moves. The main law governing who counts as family was enacted way back in 1925. The Administration of Estates Act 1925 forms the legal basis for intestacy in England and Wales. The last time Parliament made a huge overhaul to the actual rules was back in 2014. That update simplified how money gets divided between a surviving husband, wife, or civil partner and any children. Before that, you have to look back several decades to find any major shake-up.
Money Thresholds Adjustments
What shifts more regularly is the statutory legacy. That is the fixed lump sum a surviving spouse or civil partner gets first, before the rest of the estate is split up among the children. The government reviews these numbers every five years or so to keep up with inflation, but rapid price rises can force it to move more quickly. We saw it sit at £250,000 for years, jump to £270,000 in 2020, and then rise again to £322,000 in 2023.
Estate Planning
Waiting for intestacy laws to catch up with real life is a bad bet. The legal system moves at a crawl and completely ignores cohabiting partners, stepchildren, and unmarried couples, no matter how many times ministers review the figures. Writing a proper will is still the only real way to control where your money goes. The IWC Probate Services Making a Will explains how creating a legally valid will can help protect your loved ones and avoid the intestacy rules.
Looking for more information on intestacy, probate, inheritance and wills? Explore our latest blogs for expert advice, practical guidance and answers to common legal questions.
If you need support with estate planning or the probate process, speaking with a professional, such as Intestacy Rules, can help.