What Happens If You Die Without a Will? The Intestacy Rules Explained

Reviewed 30 October 2026 · England and Wales · General information, not legal advice

If you die without a will in England and Wales, the intestacy rules decide who inherits: your spouse or civil partner first, then children, then wider family in a fixed order. Unmarried partners, stepchildren and friends get nothing.

If you die without a valid will in England and Wales the law decides who inherits, using the intestacy rules in section 46 of the Administration of Estates Act 1925. A surviving spouse or civil partner comes first, then children, then parents, brothers and sisters and more distant relatives in a fixed order, and anyone outside that list, including a partner you were not married to, a stepchild you never adopted and your closest friends, receives nothing, however clear your wishes were. This guide explains the order of entitlement and the figures that apply in 2026, who sorts out the estate, the court claim available to people the rules leave out, what happens when no relative can be traced, and why a will costing a few hundred pounds avoids all of it.

What dying intestate means

Someone dies intestate when they leave no valid will. It also happens in part when a will does not deal with everything: a gift to someone who died first with no substitute, or a will that forgets to say who takes the residue, leaves that part of the estate to be shared out under the intestacy rules. Under section 9 of the Wills Act 1837 a will must be signed in the presence of two witnesses who are both present at the same time. Marriage or civil partnership automatically revokes an earlier will under section 18 unless it was made in contemplation of that marriage, and many people never make a new one. Divorce does not revoke a will, but the former spouse is treated as having died on the date of the final order, which can leave gaps.

Only the estate passes under the rules. A home or bank account owned as joint tenants passes to the surviving owner automatically, life policies written in trust go to the named beneficiaries, and most pension death benefits are paid at the scheme's discretion, usually to whoever was nominated. So an unmarried partner may still receive the joint home and a nominated pension even though the intestacy rules give them nothing. The reverse is also true: a share of a home held as tenants in common is part of the estate and goes where the rules say.

The order of entitlement

A spouse or civil partner but no children

The spouse or civil partner inherits everything. This includes a spouse you had separated from but not divorced, right up to the final order of divorce; only a judicial separation order in force at the death removes their entitlement. A former spouse inherits nothing.

A spouse or civil partner and children

The surviving spouse or civil partner receives three things: the personal chattels (furniture, cars, jewellery and other household possessions, but not money or business assets); a fixed sum known as the statutory legacy, currently £322,000, with interest from the date of death at the Bank of England base rate; and half of whatever is left. The children share the other half equally, and the children of a child who died earlier step into their parent's place. Since 1 October 2014 the spouse's half is theirs outright; the old rule giving them only a life interest in it was abolished by the Inheritance and Trustees' Powers Act 2014.

The statutory legacy has been £322,000 since 26 July 2023, when it rose from £270,000. The Lord Chancellor must review it at least every five years, or sooner if inflation rises by 15% or more, so the figure must be reviewed again by July 2028 at the latest. An estate worth less than £322,000 after debts therefore goes entirely to the spouse, and the children receive nothing until the estate is bigger than that. For example, a net estate of £600,000 excluding chattels gives the spouse £322,000 plus half of the remaining £278,000, a total of £461,000, with the children sharing £139,000. A surviving spouse can also insist, within 12 months of the grant, that the family home be transferred to them as part of their entitlement, paying the difference if it is worth more than their share.

No spouse or civil partner

The estate goes to the first of these groups that has a surviving member, and that group takes everything:

1. Children, equally, with grandchildren taking a deceased child's share. Adopted children inherit from their adoptive family, children born to unmarried parents inherit in the same way as any other child, and stepchildren do not inherit unless adopted.
2. Parents.
3. Brothers and sisters who shared both parents, with their children stepping in.
4. Half-brothers and half-sisters, with their children stepping in.
5. Grandparents.
6. Aunts and uncles who were full siblings of a parent, with cousins stepping in.
7. Half-blood aunts and uncles, with their children stepping in.
8. The Crown, as bona vacantia.

Two rules that catch people out

A spouse or civil partner must survive you by 28 days to inherit (section 46(2A), for deaths since 1 January 1996); if they die within that period the estate is distributed as though they had died first, which matters after an accident involving both. And any share passing to a child or other relative under 18 is held on statutory trusts until they reach 18 or marry or form a civil partnership earlier. The administrators act as trustees, can use the income and, within limits, the capital for the child's maintenance and education, and must hand over the rest at 18; a surviving parent does not automatically control it.

Who the rules leave out

The people most often hurt by intestacy are partners who never married. There is no such thing as common law marriage in England and Wales: a partner of thirty years who was never married or in a civil partnership is entitled to nothing under the rules, and if the home was in the deceased's sole name they may have to leave it unless they can prove a share under trust law or bring the court claim described below. The rights of unmarried couples explains the position during life as well as on death. The Ministry of Justice consulted between June and August 2026 on giving long-term cohabitants an automatic intestacy entitlement, but as at October 2026 nothing has been announced and the rules are unchanged.

Stepchildren who were never adopted, foster children, sons- and daughters-in-law, former spouses, friends, carers and charities are also excluded. And where young children are left with no surviving parent, an intestate parent has appointed no guardian, so the family court decides who brings them up; family law solicitors deal with those applications.

Who deals with the estate

With no will there are no executors. Instead the person entitled applies to the Probate Registry for letters of administration, in the order of priority set by the Non-Contentious Probate Rules 1987: the spouse or civil partner first, then children, grandchildren, parents, siblings and so on, matching the order of inheritance. Up to four people can apply together, and someone with a prior right can renounce in favour of another. The application is made online or on form PA1A, the fee is £526 (nothing for an estate of £5,000 or less) since 13 July 2026, and how long probate takes applies equally to letters of administration.

The administrators' job mirrors an executor's duties: value the estate, pay any inheritance tax and the debts, advertise for creditors and distribute. The difference is that they have no discretion. They must follow the statutory order exactly, and an administrator who gives something to a partner or friend because "that is what she would have wanted" is personally liable to the relatives entitled to it.

Challenging the outcome: the Inheritance Act

The Inheritance (Provision for Family and Dependants) Act 1975 is the safety valve. It allows certain people to ask the court for "reasonable financial provision" from an estate, whether or not there was a will: a spouse or civil partner; a former spouse or civil partner who has not remarried; a partner who lived in the same household as the deceased as if married for the whole of the 2 years before the death; a child, or anyone treated as a child of the family; and anyone who was being maintained by the deceased. Spouses are judged by the generous standard of what is reasonable in all the circumstances; everyone else is limited to what they need for their maintenance.

The claim must be issued within 6 months of the grant of letters of administration (section 4), although the court can allow a late claim with good reason, and administrators who distribute within those 6 months do so at their own risk. The court weighs the applicant's needs and resources against those of the people who inherit under the rules, the size of the estate, any disability and the deceased's obligations, and it can order a lump sum, regular payments or the transfer of a home. Most claims settle, often at mediation, because contested litigation is expensive. Where everyone who benefits is an adult and agrees, there is a simpler route: a deed of variation signed within 2 years of the death can redirect shares, for example to a partner, and is treated for inheritance tax as if the deceased had made the gift. How to contest a will covers both the Act and the costs involved.

When no relative can be found: bona vacantia

If no one in the list above can be traced, the estate passes to the Crown (or to the Duchy of Lancaster or the Duchy of Cornwall in their areas) as bona vacantia, meaning ownerless goods. The Bona Vacantia Division of the Government Legal Department publishes a list of unclaimed estates that anyone can search free of charge. A relative who comes forward with a documented family tree and birth, marriage and death certificates can generally claim within 12 years of the estate's administration being completed, with interest, and a fully documented claim is considered up to 30 years from the death without interest. Probate research firms, often called heir hunters, trace relatives and take a percentage of the share they recover; nobody has to use them.

Why make a will and what it costs

A will lets you choose who inherits and in what shares, provide for a partner or stepchildren the rules ignore, appoint executors you trust and guardians for your children, record funeral wishes and use the inheritance tax exemptions and reliefs deliberately rather than by accident. Wills, trusts and probate explained gives an overview, and inheritance tax explained covers the allowances.

The cost is modest against what is at stake. A straightforward single will drafted by a solicitor typically costs between about £150 and £400, and mirror wills for a couple between about £250 and £600, with more for trusts or business interests. How much a will costs goes into the options, including the charity-backed Free Wills Month in March and October and Will Aid in November, which offer basic wills for a suggested donation subject to each scheme's rules. Will solicitors can be compared by area, for example will writing solicitors in Birmingham or a search for wills specialists in Bristol. Scotland and Northern Ireland have their own intestacy rules with different shares and figures, so this guide applies to England and Wales only.

Frequently asked questions

Does my partner get anything if we were not married?

Not under the intestacy rules, whatever the length of the relationship. A partner may still receive assets that pass outside the estate: a home or account owned as joint tenants, a life policy written in trust or a pension paid to them as the nominated beneficiary. Otherwise their only route is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which requires 2 years of living together as a couple immediately before the death, or a trust claim to a share of the home.

Do stepchildren inherit if there is no will?

No. The rules recognise only blood relatives and legally adopted children, so a stepchild inherits nothing from a step-parent who dies intestate, even one who raised them from infancy. A stepchild who was treated as a child of the family, or who was being maintained by the deceased, can apply to the court under the 1975 Act for reasonable provision, but the outcome is uncertain and costly. A will naming the stepchild removes the problem.

What if my spouse and I were separated but not divorced?

A separated spouse or civil partner inherits in full under the intestacy rules until the final order of divorce or dissolution is made. The only exception is a formal judicial separation order, which treats the spouse as having died for intestacy purposes. Anyone who has separated and does not want their estranged spouse to inherit should make a will immediately, and remember that the spouse could still bring a 1975 Act claim.

How is the £322,000 statutory legacy worked out and does it change?

The statutory legacy is a fixed sum set by order under the Administration of Estates Act 1925. It rose from £270,000 to £322,000 on 26 July 2023 and carries interest from the date of death at the Bank of England base rate until it is paid. The Lord Chancellor must review it at least every five years, or earlier if inflation rises by 15% or more, so the next review is due by July 2028 at the latest; GOV.UK publishes the current figure.

Who looks after money left to children under 18?

The administrators hold it on statutory trusts until the child reaches 18, or marries or forms a civil partnership earlier. As trustees they can pay income and, within the limits of the Trustee Act 1925, advance capital for the child's maintenance, education or benefit, but the child's parent or guardian has no automatic right to control or spend the money. If the child dies before 18 without marrying, the share passes as though the child had never existed.

Can the family agree to share the estate differently?

Yes, if everyone who would lose out agrees and is an adult with capacity. A deed of variation signed within 2 years of the death can redirect part of the estate, for example to an unmarried partner or a stepchild, and if it contains the right statement it is read back into the estate for inheritance tax purposes. Where a child under 18 would be affected, the court must approve the variation, which makes it slower and more expensive.

Related guides

• How Long Does Probate Take?
• Common Law Marriage Is a Myth: The Legal Rights of Unmarried Couples
• How to Contest a Will: Grounds, Time Limits and Costs
• How much does a will cost?
• Wills, Trusts & Probate Explained

This guide describes the law in England and Wales as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.