What does dying intestate mean?
Dying intestate means dying without a valid will. The part of the estate that a will would have dealt with is then shared out under section 46 of the Administration of Estates Act 1925, whatever you said in your lifetime or what your family would prefer. GOV.UK has a tool to check who inherits.
You can also be intestate without realising it: an unsigned or wrongly witnessed will is not valid, and marriage or a civil partnership revokes an earlier will. See how to sign a will and does marriage revoke a will. A will that forgets to deal with the residue leaves a partial intestacy for the rest (section 49).
Who inherits without a will?
It depends on who survives you. The table shows the rules for deaths on or after 26 July 2023; the same order has applied since 1 October 2014, with a lower spouse legacy before July 2023.
| Who survives you | Who inherits |
|---|---|
| Spouse or civil partner, and children or other descendants | Spouse: personal belongings, the first £322,000 (with interest) and half of the rest. Children: the other half, shared equally. |
| Spouse or civil partner, no descendants | Spouse: everything. Parents, brothers and sisters receive nothing. |
| Children or other descendants, no spouse | Children share everything equally. |
| No spouse or descendants | Parents, then full brothers and sisters, then half-brothers and half-sisters, then grandparents, then full aunts and uncles, then half-blood aunts and uncles. |
| None of the above | The Crown, the Duchy of Lancaster or the Duke of Cornwall (bona vacantia). |
| Unmarried partner, or stepchild who was not adopted | Nothing under these rules, whatever the other circumstances. |
Walk through the same rules with the intestacy flowchart.
How are children's shares worked out?
Children share equally, whether or not their parents were married (Family Law Reform Act 1987, section 18), and adopted children count as children of their adoptive parents. If a child died before you leaving children of their own, those grandchildren share their parent's portion. Children under 18 inherit on the "statutory trusts", so their share is held until they reach 18 (section 47). The same statutory trusts apply to brothers and sisters, and to aunts and uncles, so the children of one who has died take their place.
What is the statutory legacy for a spouse?
£322,000 for deaths on or after 26 July 2023 (Fixed Net Sum Order 2023). It applies only where there are children or other descendants. The spouse also receives the personal chattels and half of anything above the legacy, and the legacy carries simple interest at the Bank of England rate from the date of death until paid. If the estate after chattels is £322,000 or less, the spouse receives everything.
| Date of death | Statutory legacy | Order |
|---|---|---|
| On or after 26 July 2023 | £322,000 | SI 2023/758 |
| 6 February 2020 to 25 July 2023 | £270,000 | SI 2020/33 |
| 1 February 2009 to 5 February 2020 | £250,000 | SI 2009/135 |
For deaths before 1 October 2014 other parts of the rules were different, so check the law in force at the date of death. The Lord Chancellor must make a new order at least every five years, and sooner if consumer prices rise by more than 15% since the last one (Schedule 1A). We found no later order on legislation.gov.uk on 24 September 2026.
The legacy is easy to misread. If the family home is in the deceased's sole name and worth more than £322,000, part of its value can belong to the children. A will can leave the home to the surviving spouse instead.
Does the spouse have to survive by a set time?
Yes. A spouse or civil partner who dies within 28 days of the person who died intestate is treated as not having survived them (section 46(2A)). A separated spouse still inherits unless a judicial separation order was in force (Matrimonial Causes Act 1973, section 18). A divorced spouse does not inherit.
Does an unmarried partner inherit anything?
No. An unmarried partner has no place in the intestacy rules, however long you lived together or whether you had children; GOV.UK confirms common-law marriage does not exist in England and Wales. The estate passes to your children or other relatives instead.
A partner who lived with you as a couple for the whole two years before your death can apply to court under section 1 of the 1975 Act, but only for what is reasonable for their maintenance. On 5 June 2026 the government opened a consultation, A fairer end to relationships, which included giving cohabitants rights when a partner dies without a will. It closed on 14 August 2026 and the law has not changed. See wills for unmarried couples.
Can stepchildren inherit if there is no will?
No, unless the person who died legally adopted them (Adoption and Children Act 2002, section 67). A stepchild treated as a child of the family may be able to apply under the 1975 Act. See can stepchildren inherit. Blended families that want a spouse provided for while protecting children from an earlier relationship usually need a trust; see second marriage with children.
Who inherits if you are single with no children?
Your parents, in equal shares, or all to one if only one is living. If neither is living, your brothers and sisters of the whole blood, with the children of any who died before you taking their share; then brothers and sisters of the half blood in the same way; then grandparents; then uncles and aunts of the whole blood (with cousins taking a deceased aunt or uncle's share); then uncles and aunts of the half blood. Friends, partners and charities are not on the list. See making a will with no children and leaving money to charity.
What is bona vacantia?
If none of the relatives in the list survives, the estate passes as bona vacantia to the Crown, or to the Duchy of Lancaster or the Duke of Cornwall depending on where the person lived (section 46(1)(vi)). The section allows them to make provision for dependants and others the person might reasonably have been expected to provide for, but that is at their discretion. A will is how you choose instead.
What passes outside the intestacy rules?
Property owned as joint tenants passes to the surviving owner automatically (GOV.UK). Many pensions and life policies pay out under a nomination form or at the scheme's discretion, and joint bank accounts usually pass to the other holder. A share owned as tenants in common does follow the intestacy rules. Check each asset; see what a will does not cover.
Who deals with the estate when there is no will?
With no executor, a relative entitled under the rules, usually the spouse or a child, applies for letters of administration. In April to June 2026 the Ministry of Justice reported a mean of about 10 weeks from application to grant for letters of administration without a will, against about 5 weeks for probate (Family Court Statistics Quarterly). See what probate is and will and probate statistics.
Can the intestacy rules be changed after a death?
Two ways. People who inherit can redirect their share with a written variation; to be treated for inheritance tax as if the deceased had made it, it must be made within two years and include a statement to that effect (Inheritance Tax Act 1984, section 142). And a spouse, cohabitant of two years, child, person treated as a child of the family or dependant can apply to court for reasonable financial provision, normally within six months of the grant (1975 Act, section 4). Neither is a substitute for a will; see how to make a will.
These rules apply in England and Wales only. Scotland and Northern Ireland have their own; see wills in Scotland and Northern Ireland.
Sources
- Administration of Estates Act 1925, sections 46, 47, 49 and Schedule 1A
- Fixed Net Sum Order 2023 (SI 2023/758), Order 2020 (SI 2020/33) and Family Provision (Intestate Succession) Order 2009
- Inheritance and Trustees' Powers Act 2014, section 1 (in force 1 October 2014)
- Inheritance (Provision for Family and Dependants) Act 1975, sections 1 and 4
- Adoption and Children Act 2002, section 67
- Family Law Reform Act 1987, section 18
- Matrimonial Causes Act 1973, section 18
- Inheritance Tax Act 1984, section 142
- GOV.UK: Who inherits if someone dies without a will and marriage and civil partnership rights
- Ministry of Justice: A fairer end to relationships (consultation, June 2026)
- Ministry of Justice: Family Court Statistics Quarterly, April to June 2026
Sources checked 24 September 2026.