Intestacy rules UK: who inherits when there is no will
This guide covers who inherits under the intestacy rules in England and Wales, in what order, how much a spouse receives, and where the rules break down.
Who inherits when there is no will?
When there is no will, the estate passes to relatives in a fixed statutory order that starts with the surviving spouse or civil partner and ends with half aunts and uncles (GOV.UK). The order takes no account of relationships, wishes or circumstances. Each category excludes every category below it.
Spouse or civil partner: first in line, and takes everything where there are no children.
Children: inherit everything where no spouse or civil partner survives, split equally.
Parents: inherit only where no spouse, civil partner, child or grandchild survives.
Full siblings: inherit only where no parent survives, and a dead sibling's share passes to that sibling's children.
Half siblings: inherit only where no full sibling, and no child of one, survives.
Grandparents: inherit only where no half sibling, and no child of one, survives.
Full aunts and uncles: inherit only where no grandparent survives, and their children inherit in their place.
Half aunts and uncles: inherit only where no full aunt or uncle, and no child of one, survives.
The Crown: takes the estate as bona vacantia where nobody above survives.
The hierarchy is applied strictly. If the deceased had children and living parents, the parents receive nothing. The order cannot be set aside by agreement, but if you inherit under it you can redirect your own share with a deed of variation signed within 2 years of the death.
Where a spouse or civil partner and children both survive, they share the estate.
What are the intestacy rules in the UK?
The intestacy rules in the UK are three separate sets of rules, not one. England and Wales apply the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014. Scotland and Northern Ireland each have their own intestacy legislation, and this guide covers England and Wales only.
Dying intestate means dying without a valid will, and the intestacy rules then decide who is entitled to the estate.
Scotland operates under the Succession (Scotland) Act 1964, whose Prior Rights and Legal Rights differ significantly from the English rules. Northern Ireland has its own intestacy legislation, with a similar hierarchy but different thresholds. Use guidance written for that jurisdiction if the deceased lived there.
How much does a spouse inherit under the rules of intestacy?
Under the rules of intestacy, a surviving spouse or civil partner inherits the entire estate where the deceased left no children. Where there are children, the spouse or civil partner does not take everything.
The statutory legacy is £322,000, and it applies to deaths on or after 26 July 2023 (GOV.UK). As of August 2026, £322,000 remains the figure in force. It was set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (SI 2023/758), and no later order has increased it (legislation.gov.uk).
Where a spouse or civil partner and children survive, the estate divides like this.
Personal possessions: all of them, known in the legislation as chattels, whatever they are worth.
Statutory legacy: the first £322,000 of the estate, for deaths on or after 26 July 2023.
Spouse's share of the rest: half of anything above £322,000.
Children's share: the other half of anything above £322,000, split equally between the children.
If a child has died before the parent, that child's share passes to their own children, the deceased's grandchildren.
Where an estate is worth less than £322,000 and there is a surviving spouse or civil partner, the spouse or civil partner takes everything. The children inherit nothing.
Where the estate exceeds £322,000, the sums get harder, particularly when the main asset is a property. If the house is worth £500,000 and the estate has little other value, selling it to pay the children their share may be the only practical option. The law makes no exception for practical inconvenience. Whether the estate crosses the threshold at all depends on how to value an estate for probate.
Who counts as a relative under the intestacy rules?
Only legally recognised relationships count under the intestacy rules, which is narrower than most families expect.
Married and civil partnered spouses: recognised, provided the marriage or civil partnership was valid and never ended in divorce or dissolution.
Children: biological children, adopted children, and children conceived before the death but born after it.
Step-children: no entitlement unless they were legally adopted by the deceased.
Cohabiting partners: no entitlement, regardless of how long the relationship lasted.
Hospitals and banks often ask who the next of kin is, but the order above is what decides entitlement.
Does a partner inherit if you are not married?
No. A partner who was not married to the deceased, and not in a civil partnership with the deceased, inherits nothing under the intestacy rules. This applies however long the couple lived together.
A cohabiting partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they can show they were financially dependent on the deceased. That claim requires an application to court and is not guaranteed.
This is one of the most significant practical consequences of dying without a will.
What happens to jointly owned property when there is no will?
Property held as joint tenants passes automatically to the surviving owner by right of survivorship, so it never forms part of the estate and is not distributed under the intestacy rules.
Property held as tenants in common works differently. Each owner holds a defined share, which forms part of the estate and passes under the intestacy rules, not automatically to the co-owner.
Whether the home passes to a surviving partner depends on how the property is registered, not on how long the couple lived together. The Land Registry can confirm whether the property was held as joint tenants or tenants in common (GOV.UK). Check this early if the title is unclear, and see what happens to a joint mortgage when one partner dies if there is borrowing on the property.
Do pensions and life insurance pass under the intestacy rules?
Most pension funds and life insurance policies with a named beneficiary sit outside the estate, so they do not pass under the intestacy rules. They pass directly to whoever was nominated.
If no beneficiary was nominated, or the nomination is out of date, pension trustees have discretion over who is paid. Life insurance proceeds with no named beneficiary may fall into the estate and pass under the intestacy rules instead.
Keeping nominations up to date matters, particularly after a remarriage or a divorce. For the wider picture, see what happens to a pension when someone dies.
Who administers an estate when there is no will?
An administrator handles the estate when there is no will, because without a will there is no executor. The administrator applies to the Probate Registry for a grant of letters of administration, which gives legal authority to gather assets, pay debts and distribute the estate.
The right to apply follows a set order: surviving spouse or civil partner first, then children, then other relatives in the same sequence as the inheritance hierarchy. Where there is a dispute about who should apply, the court can decide.
An administrator's duties mirror what an executor of a will does, without the instructions a will would have given. The application is covered step by step in letters of administration.
When do the intestacy rules cause problems?
The intestacy rules cause the most problems in unmarried couples, in blended families and where relatives are estranged. They work straightforwardly only in simple family structures.
Unmarried partners: no entitlement at all, with a court claim under the 1975 Act as the only route.
Blended families: step-children have no automatic entitlement, and the estate splits between a spouse and biological children in a way that may not reflect the family.
Estranged relatives: a child the deceased had no contact with for decades has the same entitlement as one they saw weekly.
Unmarried parents: where only one parent is named on the birth certificate, questions about paternity and entitlement can arise.
These are not edge cases. They are among the main reasons why dying without a will causes unnecessary cost, delay and dispute.
The intestacy rules establish who has a legal entitlement, but they do not prevent disputes. Common areas of contention include whether a child was legally adopted, whether a cohabitant qualifies as a dependant, what the estate is worth, and how chattels are valued or divided.
Where entitlement is disputed, take legal advice early. A solicitor specialising in contentious probate can advise on whether a claim is viable and on the deadline for applying. This guide is general information, not legal advice.
Frequently asked questions
No. Step-children who were not legally adopted by the deceased have no entitlement under the intestacy rules, whatever the relationship was like in practice. Adopted children are treated exactly as biological children are, and children conceived before the death but born after it also inherit.
Yes. An estranged spouse or civil partner who is not legally divorced, and whose civil partnership has not been dissolved, still inherits under the intestacy rules. Separation on its own makes no difference. The marriage has to have ended formally before the right to inherit is lost.
That child's share passes to their own children, the deceased's grandchildren, who take it between them. The same substitution runs further down the order, so a dead sibling's share passes to that sibling's children. The share stays in that family line rather than being shared among the other beneficiaries.
Yes, but only by applying to court. A cohabiting partner can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they can show they were financially dependent on the deceased. The claim is not guaranteed. The intestacy rules give a cohabitant nothing automatically.
The estate passes to the Crown, which is called bona vacantia. The Treasury Solicitor handles the process, and there is a formal mechanism for dependants, or others with a reasonable claim, to apply. This happens only once every category from children down to half aunts and uncles is exhausted.
This article is for general information only and does not constitute legal advice. Individual circumstances vary. If you are dealing with an estate, consider taking advice from a solicitor who specialises in probate. For other guidance specific to your circumstances, speak to a funeral director, Citizens Advice, or a regulated financial adviser.