The Intestacy Rules Turn 100: Are They Still Fit for Purpose?

In 1925, the Administration of Estates Act was introduced, creating the intestacy rules that still govern what happens when someone dies without a Will in England and Wales. A century later, while aspects of the law have evolved, many of the core intestacy rules remain unchanged. But in a world where families are more complex than ever, are these laws still fit for purpose?

At Toucan Law, we see first-hand the consequences of dying intestate—when someone dies without a valid Will. All too often, families are left facing unexpected legal challenges, financial difficulties, and unintended outcomes. Here’s why it’s time to rethink intestacy and why writing a Will is more important than ever.

What Are the Intestacy Rules?

To see exactly who would inherit under the current intestacy rules, visit the official government guide: Who Inherits If Someone Dies Without a Will?.

The intestacy rules determine who inherits your estate when you die without a Will. These rules follow a strict hierarchy, prioritising close relatives in a set legal order:

✅ Married partners & civil partners – Automatically inherit most (if not all) of the estate.

✅ Children – If there’s no surviving spouse, children inherit everything.

✅ Parents, siblings, and extended family – Only inherit if there is no surviving spouse or children.

✅ Unmarried partners, stepchildren & friends – Get nothing under the rules of intestacy.

These laws might have made sense in 1925, but modern families look very different today. Many people now live with long-term unmarried partners, have blended families, or want to include close friends—none of whom would automatically inherit under the intestacy rules.

How Have Families Changed Since 1925?

💡 More Unmarried Couples – The number of cohabiting couples has tripled in the last 25 years, yet under intestacy laws, they inherit nothing unless specifically named in a Will.

💡 Blended Families – Many families include stepchildren and second marriages, but stepchildren have no inheritance rights unless formally adopted.

💡 Longer Life Expectancy – People are living longer, meaning inheritance often reaches children when they are already financially secure—but intestacy laws don’t account for this.

💡 Rising Property Prices – Estates are now worth far more than they were in 1925, making inheritance disputes more likely.

Why Relying on Intestacy Could Be a Costly Mistake

1️⃣ Your Partner Could End Up With Nothing

• If you’re not married or in a civil partnership, your partner will not inherit your estate—even if you’ve been together for decades.

2️⃣ Your Home May Have to Be Sold

• If you own property but haven’t written a Will, your estate may be divided in a way that forces loved ones to sell your home to cover inheritance shares.

3️⃣ Stepchildren and Close Friends Are Left Out

• The intestacy rules only recognise biological and legally adopted children—stepchildren, foster children, and close friends receive nothing.

4️⃣ Your Estate Might Not Go Where You Expect

• Without a Will, distant relatives you barely know may inherit instead of people who actually played an important role in your life.

5️⃣ Increased Stress for Your Family

• Dying without a Will makes the probate process longer and more complex, leaving your loved ones with added stress and legal costs.

Why Writing a Will is More Important Than Ever

The best way to avoid the outdated intestacy rules is to write a Will that reflects your personal circumstances. A Will allows you to:

✅ Choose who inherits your assets—including partners, friends, or charities.

✅ Appoint guardians for your children.

✅ Make provisions for stepchildren and blended families.

✅ Protect your home and reduce inheritance tax liabilities.

✅ Prevent disputes and ensure your estate is handled smoothly.

Toucan Law: Helping You Take Control

At Toucan Law, we make writing a Will simple, stress-free, and jargon-free. With nearly 30 years of experience, we ensure your wishes are legally protected and your loved ones receive the inheritance you intend.

✅ Fixed, Transparent Pricing – No hidden fees.

✅ Flexible Appointments – Meet us in Weston-super-Mare, at home, or online.

✅ Free Will Storage – Securely store your Will for future peace of mind.

Don’t Leave Your Legacy to a 100-Year-Old Law

The intestacy rules may be 100 years old, but your family’s needs are modern and unique. Don’t let outdated laws decide your future—take control today.

📞 Call us: 01934 271027📧 Email us: [email protected]🌍 Visit us: www.toucanlaw.co.uk

Give your loved ones clarity, security, and peace of mind—write your Will today.