If you die without a valid Will in England and Wales, you are said to have died 'intestate'. This means the law — not you — decides who inherits your estate, and the results can be surprising and upsetting for your loved ones.
Under the 2026 intestacy rules, if you are married or in a civil partnership and have children, your spouse receives the first £322,000 of your estate plus all personal possessions, and half of the remainder. Your children share the other half equally.
If you are not married, your partner receives nothing — regardless of how long you've been together. Cohabiting couples have no automatic right to inherit under intestacy rules, even if they have children together.
This means unmarried partners could lose their home, savings, and possessions to distant relatives they've never met. In 2026, an estimated 3.6 million cohabiting couples in England and Wales remain unprotected by intestacy law.
Children born outside of marriage do have the same inheritance rights as those born within marriage, but only if parentage can be established.
Making a Will is the only way to ensure your estate is distributed according to your wishes. At Castle Family Legal, we can help you create a Will that protects your partner, children, and anyone else you wish to provide for.
Our basic Wills start from just £195. Contact us today for a free consultation.
