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Glossary · General

Intestate

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Definition: Dying without a valid will. The intestacy rules — not the deceased — decide who inherits.

In England and Wales, intestacy gives the spouse / civil partner the personal possessions, a £322,000 statutory legacy and half of any residue, with children sharing the other half. Unmarried partners inherit nothing under intestacy. A simple [online will](swiftwill.co.uk*) can prevent that outcome — see [intestacy rules](swiftwill.co.uk/intestacy-rules*).

Scotland uses 'prior rights' for the spouse and 'legal rights' that cannot be disinherited. Northern Ireland has its own statutory order. A small estate may be administered without probate but the intestacy rules still apply.

Primary source: gov.uk/inherits-someone-dies-without-will

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