Intestacy Rules Check: Ensure Your Estate Complies

When someone dies without a valid will—or with a will that doesn’t cover all their assets—UK intestacy rules decide who inherits. These rules are strict, outdated in places, and often misaligned with modern family structures. If your will doesn’t explicitly override them, your estate could end up in the wrong hands, leaving loved ones with unnecessary stress, legal fees, or even financial hardship.

UK wills & probate note: Formalities, executors, and intestacy rules are highly fact-specific. This guide orients you to common document risks; it is not legal advice and does not create a solicitor–client relationship.

UK wills & probate note: Formalities, executors, and intestacy rules are highly fact-specific. This guide orients you to common document risks; it is not legal advice and does not create a solicitor–client relationship.

This guide explains how to check whether your will (or a will you’re reviewing) properly accounts for the statutory legacy, spouse entitlements, and children’s rights under the Administration of Estates Act 1925 (AEA1925) and the Inheritance (Provision for Family and Dependants) Act 1975 (IFPA1975). We’ll cover the key checks, common pitfalls, and how VetroCheck’s Intestacy Rules Check can help you spot gaps before they become problems.

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Why will and probate paperwork must be precise

Dying intestate (without a valid will) or with a will that doesn’t fully address intestacy rules can have serious consequences. Here’s what’s at stake:

• Your spouse may not inherit everything. Under current rules, if you have children, your spouse gets the first £322,000 (the "statutory legacy") plus half of the remaining estate—meaning your children could inherit a significant portion, even if you intended your spouse to receive more. If your will doesn’t explicitly override this, your assets may be divided in ways you never intended.
• Stepchildren and unmarried partners get nothing. Intestacy rules don’t recognise stepchildren or cohabiting partners, no matter how long the relationship lasted. If your will doesn’t name them, they could be left with no legal claim—leading to disputes, claims under the IFPA1975, or even homelessness.
• Minor children could trigger costly court processes. If your will doesn’t appoint guardians or set up trusts for children under 18, the court may decide who manages their inheritance. This can delay access to funds and add legal fees that eat into the estate.
• Unintended beneficiaries could inherit. Without a clear will, distant relatives you’ve never met—or even the Crown—could end up with your assets. Many people assume their estate will go to their spouse or children, but intestacy rules don’t account for modern family dynamics.

These issues aren’t rare. Many wills drafted years ago don’t reflect changes in the law (the statutory legacy has increased multiple times since 2014) or personal circumstances (remarriage, new children, or estranged relatives). A quick Intestacy Rules Check can reveal whether your will still aligns with your wishes—and whether it would hold up if challenged.

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Is Your Wills Intestacy Rules Check Document in Good Shape?

A well-prepared wills intestacy rules check document should do three things:

1. Explicitly override intestacy rules where needed (e.g., ensuring your spouse inherits more than the statutory legacy).
2. Cover all dependants, including stepchildren, unmarried partners, or disabled family members who wouldn’t inherit under intestacy.
3. Align with current law, particularly the AEA1925 (which sets the statutory legacy) and the IFPA1975 (which allows certain relatives to challenge an estate).

If your document doesn’t address these points, it may leave gaps that could lead to disputes, delays, or unintended distributions.

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Wills, probate and succession rules in plain English

To understand why your will might not be as secure as you think, you need to know two key laws:

1. Administration of Estates Act 1925 (AEA1925)

This is the main law governing what happens when someone dies without a valid will. It sets out:

• Who inherits first: Your spouse or civil partner gets priority, followed by children, parents, siblings, and more distant relatives.
• The "statutory legacy": If you have a spouse and children, your spouse gets the first £322,000 (as of 2024) plus half of anything left over. Your children split the remaining half. If you don’t have children, your spouse inherits everything.
• No provision for unmarried partners or stepchildren: If you’re not married or in a civil partnership, your partner gets nothing under intestacy—even if you’ve been together for decades.

The AEA1925 is rigid. It doesn’t consider modern relationships, blended families, or personal wishes. That’s why a will is essential—it lets you override these rules.

2. Inheritance (Provision for Family and Dependants) Act 1975 (IFPA1975)

This law allows certain people to challenge an estate if they believe they haven’t been "reasonably provided for." This includes:

• Spouses or civil partners (even if they inherit under intestacy, they can argue the amount isn’t enough).
• Former spouses (if they haven’t remarried).
• Children (including adult children).
• Anyone financially dependent on you (e.g., a cohabiting partner or stepchild).

Claims under the IFPA1975 can drag on for months, cost thousands in legal fees, and force the sale of assets (like the family home) to pay out beneficiaries. A well-drafted will can reduce the risk of these claims by clearly stating your intentions.

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Five wills & probate checks before you act

Here’s what to review in your will (or a will you’re checking) to ensure it complies with intestacy rules and avoids common gaps.

1. Does Your Will Explicitly Override the Statutory Legacy?

What to check:

• Does your will state that your spouse should inherit more than the statutory legacy (currently £322,000)?
• If you have children, does your will specify whether they should inherit less than the default 50% of the remaining estate?

Why it matters: If your will doesn’t override the statutory legacy, your spouse could end up with far less than you intended—especially if your estate is large. For example, if your estate is worth £600,000, your spouse would get £322,000 + £139,000 (half of the remaining £278,000), while your children split the other £139,000. If you wanted your spouse to inherit everything, your will must say so explicitly.

Practical tip: Look for phrases like:

• "I leave my entire estate to my spouse, [Name]."
• "I direct that my spouse shall receive more than the statutory legacy under the Administration of Estates Act 1925."

If your will doesn’t include this, it may default to intestacy rules.

VetroCheck can help: Upload your will to VetroCheck’s Intestacy Rules Check to see whether it properly overrides the statutory legacy. We’ll flag any language that could leave your spouse with less than you intended.

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2. Does Your Will Cover Unmarried Partners or Stepchildren?

What to check:

• Does your will name your unmarried partner or stepchildren as beneficiaries?
• If you have stepchildren, does your will distinguish between them and biological children?

Why it matters: Intestacy rules don’t recognise unmarried partners or stepchildren. If your will doesn’t name them, they could be left with nothing—even if you’ve been together for years or raised them as your own. This is a common source of disputes, especially in blended families.

Practical tip:

• Use full names (e.g., "my partner, [Name]," not just "my partner").
• If you want to exclude a stepchild, state this clearly to avoid ambiguity.

VetroCheck can help: VetroCheck’s Intestacy Rules Check will highlight whether your will includes (or excludes) unmarried partners and stepchildren, so you can update it if needed.

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3. Does Your Will Protect Minor Children?

What to check:

• Does your will appoint guardians for children under 18?
• Does it set up a trust to manage their inheritance until they’re older?

Why it matters: If you die without appointing guardians, the court will decide who raises your children. If your will doesn’t set up a trust, their inheritance could be managed by the court until they turn 18—which may not align with your wishes (e.g., you might want them to inherit at 21 or 25).

Practical tip:

• Name at least two guardians (in case one can’t act).
• Specify an age for inheritance (e.g., "my children shall inherit at 25").

VetroCheck can help: VetroCheck’s Intestacy Rules Check will flag whether your will includes guardianship and trust provisions for minor children.

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4. Does Your Will Address Potential IFPA1975 Claims?

What to check:

• Does your will explain why certain relatives (e.g., an estranged child) are excluded?
• Does it provide for financially dependent relatives (e.g., a cohabiting partner or elderly parent)?

Why it matters: If someone feels they’ve been unfairly left out, they can challenge your will under the IFPA1975. While you can’t prevent all claims, a well-drafted will can reduce the risk by:

• Explaining exclusions (e.g., "I have not provided for my son, [Name], because we have been estranged for 10 years").
• Including small legacies for dependants (e.g., "I leave £10,000 to my partner, [Name], who is financially dependent on me").

Practical tip:

• Avoid vague language (e.g., "I leave nothing to my daughter" is riskier than "I leave nothing to my daughter, [Name], because we have not been in contact since 2010").
• Consider a "letter of wishes" to explain your decisions (though this isn’t legally binding).

VetroCheck can help: VetroCheck’s Intestacy Rules Check will identify whether your will includes provisions that could reduce the risk of IFPA1975 claims.

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5. Does Your Will Reflect Current Law?

What to check:

• Does your will reference the correct statutory legacy amount (£322,000 as of 2024)?
• If your will is old, does it still align with your current family situation (e.g., remarriage, new children)?

Why it matters: The statutory legacy has increased multiple times (it was £250,000 in 2014). If your will was drafted before 2020, it may not reflect the current amount—meaning your spouse could inherit less than you intended.

Practical tip:

• Review your will every 3–5 years, or after major life events (marriage, divorce, birth of a child).
• Avoid hardcoding amounts (e.g., "I leave £270,000 to my spouse"). Instead, use phrases like "the statutory legacy under the Administration of Estates Act 1925" to future-proof your will.

VetroCheck can help: VetroCheck’s Intestacy Rules Check will flag outdated references to the statutory legacy and suggest updates.

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Estate mistakes that create family disputes and delay

Even small oversights in your will can lead to big problems. Here are three common mistakes and their consequences:

1. Assuming Your Spouse Will Inherit Everything

Mistake: Not overriding the statutory legacy in your will. Consequence: If you have children, your spouse may inherit far less than you intended. For example, in an estate worth £500,000, your spouse would get £322,000 + £89,000 (half of the remaining £178,000), while your children split the other £89,000. If you wanted your spouse to inherit everything, your will must say so explicitly.

2. Forgetting to Update After Remarriage

Mistake: Not revising your will after remarrying. Consequence: In England and Wales, marriage automatically revokes a will (unless it was made "in contemplation of marriage"). If you don’t update it, your estate could be distributed under intestacy rules—meaning your new spouse might not inherit as much as you’d like, and your children from a previous relationship could be left out.

3. Not Naming Unmarried Partners or Stepchildren

Mistake: Assuming intestacy rules will provide for your unmarried partner or stepchildren. Consequence: Unmarried partners and stepchildren have no automatic right to inherit under intestacy. If your will doesn’t name them, they could be left with nothing—leading to disputes, claims under the IFPA1975, or even homelessness if they were relying on inheriting your home.

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FAQ

Q: What does the Intestacy Rules Check: compliance and gap review review?

The Intestacy Rules Check is an information-only audit of your wills document. It focuses on three key areas:

• Statutory legacy: Whether your will overrides the default £322,000 amount under the AEA1925.
• Spouse entitlements: Whether your will ensures your spouse inherits what you intend (e.g., more than the statutory legacy).
• Children’s rights: Whether your will covers all dependants, including stepchildren and minor children.

Each finding is backed by a citation from your document, so you can see exactly where gaps exist.

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Q: Which legal sources are used in the review?

The analysis is based on:

• Administration of Estates Act 1925 (AEA1925): Governs intestacy rules, including the statutory legacy.
• Inheritance (Provision for Family and Dependants) Act 1975 (IFPA1975): Allows certain relatives to challenge an estate if they feel they haven’t been provided for.
• Other relevant UK legal sources, such as case law on will interpretation.

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Q: Which specific points are checked?

The Intestacy Rules Check reviews your document for:

• Whether it overrides the statutory legacy (currently £322,000).
• Whether it includes (or excludes) unmarried partners and stepchildren.
• Whether it appoints guardians and sets up trusts for minor children.
• Whether it reduces the risk of IFPA1975 claims (e.g., by explaining exclusions).
• Whether it reflects current law (e.g., the correct statutory legacy amount).

Each finding is linked to a specific part of your document, so you can see the exact language that may need updating.

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Q: Which documents can I upload?

The Intestacy Rules Check accepts PDF files up to 20 MB. It’s designed for:

• Wills (including drafts or final versions).
• Codicils (amendments to wills).
• Letters of wishes (though these aren’t legally binding, they can provide context).

If your document is in another format (e.g., Word), save it as a PDF before uploading.

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Q: How much does the review cost and how long does it take?

The full Intestacy Rules Check costs £12.99. Results are usually ready within a few minutes as a PDF download. The report includes:

• A summary of key findings.
• Specific citations from your document.
• Suggestions for updates (if needed).

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What to Do Next + How VetroCheck Helps

If you’re unsure whether your will complies with intestacy rules, follow these steps:

1. Gather your will (or the will you’re reviewing) as a PDF.
2. Upload it to VetroCheck’s Intestacy Rules Check at /agent/wills_intestacy_rules_check/upload.
3. Review the report—it will flag gaps in statutory legacy coverage, spouse entitlements, and children’s rights.
4. Update your will if needed. If the report highlights significant issues, consider consulting a solicitor to make changes.
5. Store your will safely—tell your executor where to find it, and consider registering it with a will storage service.

Why Use VetroCheck?

• Fast and affordable: Get results in minutes for just £12.99.
• Clear and actionable: Each finding is linked to your document, so you know exactly what to fix.
• No legal jargon: The report explains issues in plain English.

Important note: VetroCheck is not a law firm and is not regulated by the SRA. Our Intestacy Rules Check provides information-only audits—it is not legal advice, and no solicitor–client relationship is created. For complex situations, consult a qualified solicitor.

Ready to check? Upload your document for a structured PDF review — £12.99.

Also see the agent topic page for statute themes and related checks.