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...

Intestacy in England and Wales: statutory framework, statutory trusts, entitlement, fixed net sum, PR duties and grants of representation for practitioners

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Practice notes

The Intestacy rules

Where a person dies wholly or partly Intestate—because no valid Will exists or some part is invalid or ineffective—Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:

all the deceased’s movable property, wherever it is situated, provided the intestate was domiciled in England and Wales; and
all the deceased’s immovable property in England or Wales, whatever their domicile

Enquiries about a Will

A thorough search should be carried out to determine whether the deceased left a Will. If none is found, enquiries should be made of the deceased’s next of kin and any known advisers instructed during their lifetime regarding estate planning, to establish whether a Will was made and has been lost. See Practice Note: Obtaining the Will.

Reasons for total Intestacy

There is no statutory definition of intestacy. A total intestacy arises where none of the deceased’s property is disposed of because:

the deceased did not make a Will
the Will was ineffective
the Will was revoked, either expressly or by operation of law, or
all the beneficiaries named in the Will...

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Web page updated on 21/05/2026

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