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Who inherits if you die without a will?

By SwiftWillUpdated England and Wales

Quick answer

If you die without a valid will in England and Wales, the intestacy rules decide who inherits. A spouse or civil partner inherits everything if there are no children or other descendants; if there are, the spouse receives the personal belongings, the first £322,000 and half of the rest, and the children share the other half. An unmarried partner inherits nothing, and without a spouse or descendants the estate passes to parents, then brothers and sisters and more distant relatives.

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.

Intestacy rules in England and Wales for deaths on or after 26 July 2023
Who survives youWho inherits
Spouse or civil partner, and children or other descendantsSpouse: personal belongings, the first £322,000 (with interest) and half of the rest. Children: the other half, shared equally.
Spouse or civil partner, no descendantsSpouse: everything. Parents, brothers and sisters receive nothing.
Children or other descendants, no spouseChildren share everything equally.
No spouse or descendantsParents, 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 aboveThe Crown, the Duchy of Lancaster or the Duke of Cornwall (bona vacantia).
Unmarried partner, or stepchild who was not adoptedNothing 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.

Statutory legacy by date of death
Date of deathStatutory legacyOrder
On or after 26 July 2023£322,000SI 2023/758
6 February 2020 to 25 July 2023£270,000SI 2020/33
1 February 2009 to 5 February 2020£250,000SI 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

Sources checked 24 September 2026.

Frequently asked questions

Who inherits if you die without a will in England and Wales?

The intestacy rules in the Administration of Estates Act 1925 decide. A spouse or civil partner with no descendants inherits everything. With children, the spouse receives the personal belongings, the first £322,000 and half of the rest, and the children share the other half. With no spouse, the estate goes to children, then parents, then brothers and sisters and more distant relatives.

What is the statutory legacy for a spouse?

£322,000 for deaths on or after 26 July 2023, set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023. It applies only where there are children or other descendants. For deaths from 6 February 2020 to 25 July 2023 it was £270,000. No later order had been made when we checked on 24 September 2026.

Does an unmarried partner inherit if there is no will?

No. An unmarried partner has no right to inherit under the intestacy rules, however long the relationship. They may be able to apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. The government consulted in 2026 on changing this, but the law has not changed.

Do stepchildren inherit under intestacy?

No, unless they were legally adopted by the person who died. Adopted children inherit as if born to the adoptive parent.

Who inherits if I am single with no children?

Your parents; 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 half-brothers and half-sisters in the same way; then grandparents; then aunts and uncles of the whole blood, then of the half blood, with cousins taking the share of an aunt or uncle who has died. Only if there is nobody in these groups does the estate pass to the Crown.

What happens if my spouse and I die close together?

Under the intestacy rules, a spouse or civil partner who dies within 28 days of the other is treated as not having survived them. Their estate then passes to the next people in the order. A will can set its own survival period.

What is bona vacantia?

Bona vacantia means ownerless goods. If nobody entitled under the intestacy rules survives, the estate belongs to the Crown, or to the Duchy of Lancaster or the Duke of Cornwall depending on where the person lived. The law allows them to make provision for dependants and others the deceased might have been expected to provide for.

Can the family agree to divide the estate differently?

Beneficiaries can redirect what they receive using a written variation. For inheritance tax to treat it as if the deceased had made it, it must be made within two years of the death and include the required statement.

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Published by SwiftWill. First published ; updated . General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our corrections log.

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