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Probate · 8 min read · Published · Updated

What happens if you die without a will? The intestacy rules explained

Without a valid will, strict legal rules decide who inherits, and the results can surprise people. This guide explains how intestacy works and why a will matters.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.

Guides · Probate · No. 21 of 21Reviewed · 8 minutes

Dying without a will: the intestacy rules

What "dying intestate" means

If you die without a valid will, you die "intestate". Your estate is then shared out under a fixed set of rules, the intestacy rules, in the Administration of Estates Act 1925 (as amended). The rules follow a strict order of family relationships. They take no account of your wishes, your relationships or any promises you made. They apply only to what passes through your estate. Property you own with someone as joint tenants passes to them automatically. Many pensions pay death benefits under the scheme's own rules, not the intestacy rules.

Blush envelopes closed with gold wax seals stamped with a tree

Who inherits under the intestacy rules?

Spouse or civil partner. If you have no children or other descendants, such as grandchildren, your spouse or civil partner inherits everything. If you have children, your spouse or civil partner receives your personal possessions, the first £322,000 of the estate and half of the rest. The other half passes to your children in equal shares.

Children. If you have children but no surviving spouse or civil partner, your children share the whole estate equally. If a child died before you, that child's own children take their parent's share between them. A child under 18 receives their share at 18. Until then it is held on trust. "Children" means your legal children, including adopted children and children of unmarried parents, but not step-children.

Parents. If you leave no spouse, civil partner, children or other descendants, your estate passes to your parents, in equal shares if both survive you.

Brothers and sisters. If no parent survives you, the estate passes to your brothers and sisters, or to their children if they died before you.

More distant relatives. The rules go on through half-brothers and half-sisters, grandparents, uncles and aunts, and their descendants. If no qualifying relative can be found, the estate passes to the Crown. This is called "bona vacantia".

Who inherits if there is no will?

See who the law picks, and who it leaves out.

See how it works

Who inherits nothing

The intestacy rules give nothing to an unmarried partner, however long you lived together; to step-children, unless legally adopted; to close friends or godchildren; to relatives outside the statutory order; or to charities.

An unmarried partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. That means a court application. The outcome is uncertain, and it can be expensive and distressing.

The practical problems of intestacy

Beyond who inherits, dying intestate causes practical problems: no named executor, so someone has to apply to the court to be appointed administrator; no guardian appointed for children under 18; higher costs and longer delays; and a greater risk of family conflict.

How to avoid intestacy

The answer is simple: make a will. Aaron drafts a standard will for one person and mirror wills for a couple, each at a fixed fee published on the fees page. To discuss making a will, or the intestacy rules, contact Safe Harbour Legal.

This guide is intended as general legal information and does not constitute legal advice. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited, authorised and regulated by the Solicitors Regulation Authority (SRA ID 598793).

Sources

The official pages behind the rules this guide explains. Each was checked on .

  1. Administration of Estates Act 1925, section 46: Succession to real and personal estate on intestacy

    legislation.gov.uk

  2. The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023

    legislation.gov.uk

  3. Check who can apply for probate and inherit if someone dies without a will

    GOV.UK

  4. Inheritance (Provision for Family and Dependants) Act 1975, section 1: Application for financial provision from deceased’s estate

    legislation.gov.uk

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 11 June 2026 · Ends

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

Does my partner inherit automatically if we live together but are not married?

No. An unmarried partner has no automatic right to inherit under the intestacy rules in England and Wales, however long the relationship. It is one of the strongest reasons to make a will.

Do step-children inherit under the intestacy rules?

No. Step-children inherit nothing under the rules unless legally adopted. If you want them to inherit, you must name them in a will.

What is the £322,000 statutory legacy?

It is the fixed sum a surviving spouse or civil partner receives, when there are children, before the rest of the estate is divided. It has been £322,000 since 26 July 2023.

Can I challenge the intestacy rules if I think they are unfair?

You may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Those who can claim include a spouse or civil partner and a child of any age. They also include someone treated as a child of the family, which can include a step-child. Anyone the person who died was maintaining can also claim. So can a partner who lived with them as a couple for the whole two years before the death. A claim must normally be made within six months of the grant.

What happens if there are no living relatives?

The estate passes to the Crown as "bona vacantia". The Treasury Solicitor deals with these estates.

Next step

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Important

This guide contains general information about the law of England and Wales as at June 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Probate, inheritance tax and intestacy law change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).