Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Intestacy definition

What does Intestacy mean? Intestacy describes the situation where a person dies without a valid will disposing of all their estate (a total or partial intestacy). The estate is then distributed under statutory intestate succession rules rather than by the deceased’s expressed wishes. Across England and Wales, Scotland, Northern Ireland and Ireland, intestacy is governed by legislation rather than case law, though terminology and order of entitlement differ. In England and Wales and Northern Ireland, the probate court issues a grant of letters of administration to an administrator, and distribution follows a fixed statutory order (typically prioritising a surviving spouse or civil...

Distribution on Intestacy in England and Wales: Entitlement, Statutory Legacy, Priority, Chattels, Matrimonial Home, Statutory Trusts, Partial Intestacy, Disclaimer/Forfeiture, Bona Vacantia

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Practice notes

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Total intestacy

A total intestacy arises where none of the deceased’s estate is effectively disposed of because:

no Will was made
a Will was made but is invalid
the Will was revoked
the Will includes no Disposition of the estate
the Will, though valid, is ineffective, for example where the sole beneficiary died before the deceased

Intestacy rules applicable on total intestacy

If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) govern:

all movable property of an intestate domiciled in England and Wales, wherever that property is located
all immovable property situated in England or Wales, regardless of the deceased’s domicile

The intestacy provisions apply to the residuary estate not otherwise disposed of, meaning what remains once all debts are settled and any valid legacies carried out. They operate only over property that could have been the subject of a Will had one been made...

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Web page updated on 21/05/2026

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