Jurisdiction(s):
United Kingdom

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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...

Adopted child's entitlement under biological parent's intestacy

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If the deceased died Intestate

Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:

all movable property belonging to the deceased, wherever it is located, provided the intestate was domiciled in England and Wales; and
all immovable property of the deceased situated in England or Wales, whether or not the deceased was domiciled here

Who inherits the residuary estate on Intestacy is determined by the estate’s value and by which categories of family members have survived the deceased.

Where a spouse or civil partner survives, he or she is entitled to the statutory legacy (of £250,000 where the deceased also left ‘issue’)...

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Web page updated on 27/05/2026

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