Guide

The intestacy rules explained

When someone dies without a valid will in England or Wales, the intestacy rules decide who inherits — not the person's wishes. Here's exactly how it works.

Unmarried partners inherit nothing under intestacy — regardless of how long you've been together or whether you have children together. The only way to protect an unmarried partner is to make a will.

What is intestacy?

You die intestate — without a valid will — in three situations: you never made a will, your will was not executed correctly, or your will was revoked (for example, by marriage) and not replaced.

In all three cases, the Administration of Estates Act 1925 (as amended) sets out a strict order of priority for who inherits. This order applies automatically, regardless of your intentions or what your family might expect.

The order of priority

Each category below only inherits if there is nobody in the category above it. Only one category inherits at a time.

  1. 1

    Spouse or civil partner

    A surviving spouse or civil partner takes the entire estate if the deceased left no surviving children, grandchildren, or other descendants. If there are children, the spouse takes all personal possessions, the first £322,000 (the 'statutory legacy', subject to periodic review), and half of whatever remains. The children share the other half equally.

  2. 2

    Children (including adopted children)

    If there is no surviving spouse or civil partner, the estate is divided equally between the deceased's children. If a child has already died, their share passes to their own children (the grandchildren of the deceased) equally.

  3. 3

    Grandchildren and great-grandchildren

    If a child of the deceased died before the deceased and left their own children, those grandchildren step into their parent's place and share that parent's portion equally.

  4. 4

    Parents

    If the deceased left no spouse or civil partner and no descendants, the estate passes equally to surviving parents.

  5. 5

    Brothers and sisters (whole blood)

    Full siblings share the estate equally. If a sibling died before the deceased, their children (nieces and nephews of the deceased) take their parent's share.

  6. 6

    Brothers and sisters (half blood)

    Half-siblings (sharing one parent) inherit if there are no full siblings surviving, in the same way.

  7. 7

    Grandparents

    Surviving grandparents share the estate equally if none of the above categories apply.

  8. 8

    Aunts and uncles (whole blood)

    Full aunts and uncles of the deceased, or their children (the deceased's cousins) if the aunt or uncle is already dead.

  9. 9

    Aunts and uncles (half blood)

    Half aunts and uncles, in the same way as above.

  10. 10

    The Crown (bona vacantia)

    If no living relative can be traced through any of the categories above, the entire estate passes to the Crown as 'bona vacantia' (ownerless property). The Treasury Solicitor's Department deals with these estates.

Who gets nothing under intestacy

These people receive nothing unless named in a valid will, no matter how close the relationship:

  • Unmarried partners ('common-law' partners)

    There is no legal concept of 'common-law spouse' in England and Wales. Length of cohabitation is irrelevant.

  • Step-children

    Only legally adopted children count. Step-children who have not been formally adopted inherit nothing.

  • Close friends

    No matter how important they were to you.

  • Carers

    Even a live-in carer who gave up work to look after you.

  • Charities

    Any charity you wished to support must be named in a valid will.

  • Godchildren

    A godparent relationship has no legal standing in estate law.

  • Estranged relatives you wished to exclude

    Without a will, estranged relatives in a higher priority category will still inherit.

Spouse with children: how the split works

This is the scenario that most often catches people by surprise. If you are married with children and die intestate:

Example: estate worth £600,000

  • → Spouse receives all personal possessions
  • → Spouse receives £322,000 (statutory legacy)
  • → Remaining £278,000 is split 50/50
  • → Spouse receives £139,000
  • → Children share £139,000 equally

A child's share is held on a statutory trust until they reach 18 (or marry earlier). This means a portion of the family home could effectively pass to children as minors — something most couples would not intend. A will allows you to leave everything to your spouse outright, with children inheriting only after both parents have died.

Cohabiting couples: the biggest risk

In 2023, cohabiting couples were the fastest-growing family type in England and Wales, yet the law offers them almost no automatic protection.

If you die without a will and your partner is not your spouse or civil partner, they receive nothing — even if you have lived together for decades, own property jointly, or have children. The estate will instead pass to your children, parents, or more distant relatives as the intestacy rules dictate.

An unmarried partner can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased. However, court proceedings are expensive, uncertain, and stressful. A will eliminates this risk entirely.

Marriage, divorce, and your will

Marriage automatically revokes a will

When you get married (or enter a civil partnership), any existing will is automatically revoked unless it was expressly made in contemplation of that marriage. This means couples who made wills while cohabiting and then married may have no valid will at all, without realising it.

Divorce does not revoke a will

Decree absolute (the final divorce order) treats your ex-spouse as if they had died on the date of the divorce for the purposes of your will — so gifts to them and any appointment of them as executor will lapse. The rest of the will remains valid. However, it is strongly advisable to make a new will after any divorce.

Separation has no effect on a will

Separating from your spouse does not affect your will or the intestacy rules until the divorce is finalised. If you die while separated but still legally married, your estranged spouse is treated the same as any other spouse for inheritance purposes.

Jointly owned property

The intestacy rules only apply to assets that form part of the deceased's estate. Some assets pass outside the estate regardless of whether there is a will:

  • Joint tenants:Property owned as joint tenants passes automatically to the surviving owner by right of survivorship. It does not form part of the estate and cannot be left by will.
  • Tenants in common:Each owner's share does form part of their estate and is subject to the intestacy rules (or their will, if they have one).
  • Life insurance and pensions:Usually pass via a nominated beneficiary form and do not form part of the estate at all. Check your nominations are up to date.

Don't leave it to chance

A will takes around 20 minutes to create with GetWilled. It's free, and means your wishes — not the intestacy rules — decide what happens to everything you've worked for.

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