Don’t have a will? Here’s how your estate would be distributed under intestacy rules

Post in News on 24 September 2025

A June 2025 article by Today’s Wills & Probate revealed a 25% rise in people dying without a valid will between 2020/21 and 2023/24. If writing your will is something you haven’t tackled yet, it could mean your assets are distributed in a way that doesn’t align with your wishes.

If you die without a will, you are considered to have died “intestate”, and your assets are distributed according to intestacy rules. This could mean intended beneficiaries are disinherited.

How intestacy rules work

If you die without leaving a will in Scotland, your estate will be dealt with under Scots law, which has its own set of rules.

Spouse or civil partner

If you are married or in a civil partnership, your spouse or civil partner has certain prior rights before anyone else inherits. These include:

• The right to your share in the family home (up to a certain value).
• The right to furniture and moveable household goods (up to a certain value).
• A cash sum from your estate (the amount depends on whether you have children).

After prior rights are settled, legal rights come next. These give your spouse or civil partner, and your children (if you have any), fixed shares of the moveable estate (such as money, investments, and possessions).

Children

Children are always entitled to claim legal rights to part of your moveable estate, whether or not you are married or in a civil partnership. If there are no children, these rights go entirely to your spouse or civil partner.

If no spouse, civil partner, or children

If you have no spouse, civil partner, or children, your estate will pass to other relatives in a set order:

• Parents and siblings (shared between them).
• Then to siblings if parents are no longer alive.
• Next to grandparents.
• Then to aunts and uncles.

If no relatives can be traced, your estate passes to the Crown (known in Scotland as ultimus haeres).

Unmarried partners

Unlike in some other situations, an unmarried partner (sometimes called a “cohabitant”) does not have automatic rights under intestacy. However, they can apply to the court within six months of death to claim financial provision from the estate. This is not guaranteed and can be complex.

Why a will matters

Because the intestacy process follows fixed rules, it may not reflect your wishes. Long-term partners, stepchildren, or friends may receive nothing unless specifically provided for in a will. Dying intestate can also cause delays and stress for your loved ones, particularly if they rely on you financially.

1 in 3 people plan to write a will, but haven’t yet

Despite the importance of a will in ensuring your assets are distributed according to your wishes, a July 2025 article from Today’s Wills and Probate suggests that 1 in 3 people intend to write a will but haven’t yet. Worryingly, 1 in 5 say they have no intention of ever doing so.

As well as setting out how you want your assets to be distributed, there are other reasons for writing a will, including these six.

1. Make provisions for your children

If you’re a parent, you can use your will to name a guardian for your children. If you don’t take this step, the court will decide who will be responsible for your children, and it may not be the person you would have chosen.

You may also want to make financial provisions for caring for your children as part of your estate plan, such as leaving assets for their guardian or setting aside wealth that your children will receive once they reach adulthood.

2. State who you’d like to care for your pet

Legally, pets are classed as property in the UK. As a result, if you don’t nominate someone to care for your pets in your will, they’ll be considered part of your estate.

That could mean your beloved pet goes to someone you wouldn’t choose or doesn’t wish to take on the responsibility of their care. As well as naming a carer for them, you can use your will to leave money specifically for your pet’s care.

3. Name your executor

The executor will be responsible for ensuring that your estate is distributed according to the wishes you’ve set out in your will. So, it’s important to choose someone you trust and who is willing to take on the role.

You can choose one or more people to act as executor.

4. Make your funeral requests clear

Funeral requests in a will aren’t legally binding, but they can offer valuable guidance to your loved ones at a difficult time.

For example, you might use your will to state if you’d prefer a burial or cremation, list songs you’d like to be played during the service, or request that any donations be made to a particular charity.

5. Create a charitable legacy

As well as leaving assets to your loved ones, you might want to create a charitable legacy and support a good cause that’s close to your heart.

You can name a charity as a beneficiary and state what you’d like them to receive, such as a portion of your entire estate, certain assets, or a defined lump sum.

6. Consider Inheritance Tax

If your estate could be liable for Inheritance Tax (IHT), there are often steps you can take to reduce the potential bill, which might change how you want to pass on assets.

The nil-rate band in 2025/26 is £325,000. If the total value of your estate is below this threshold, no IHT will be due. Many estates can also use the residence nil-rate band, which is £175,000 in 2025/26, if your main home is left to direct descendants. So, stating in your will that you’d like your home to go to your children or grandchildren could reduce your estate’s IHT liability.

Depending on your circumstances, there may be other ways to use your will to reduce IHT, which tailored financial advice can help you assess.

Get in touch to talk about your legacy

If you’d like to discuss the legacy you’ll leave behind, please contact us. We can work with you to assess your assets, consider how to pass on wealth to beneficiaries, and offer support when writing your will.

Please note: This blog is for general information only and does not constitute financial advice, which should be based on your individual circumstances. The information is aimed at retail clients only.

The Financial Conduct Authority does not regulate will writing, estate planning, or Inheritance Tax planning.