When someone dies without a valid will in England and Wales, their estate is distributed under the intestacy rules in the Administration of Estates Act 1925 — a fixed legal formula that ignores what you would have wanted. The government's own guidance is at gov.uk/inherits-someone-dies-without-will.
Who inherits: the full priority table
| Your situation | Who inherits |
|---|---|
| Married / civil partnership, with children | Spouse/civil partner: personal chattels + statutory legacy of £322,000 (in force since 26 July 2023) + half of the remainder. Children: the other half. |
| Married / civil partnership, no children | Spouse/civil partner takes the whole estate. |
| Unmarried, cohabiting | Partner inherits nothing— "common-law marriage" has no legal standing, whatever the length of the relationship. |
| Stepchildren | Inherit nothing unless legally adopted. |
| No spouse/civil partner | Fixed order: children → parents → full siblings → half-siblings → grandparents → aunts and uncles → the Crown (bona vacantia; roughly £6m per year passes to the Crown this way). |
The £322,000 statutory legacy has been in force since 26 July 2023 — see gov.uk for the current figure.
"Common-law marriage" is a myth
This is the rule that devastates families most often. An unmarried partner inherits nothing at all under the intestacy rules — not after 2 years, not after 30 years, not even with children together and a shared home in one name. The estate passes to blood relatives, or ultimately to the Crown. If this is your situation, read wills for unmarried couples — protecting each other costs £55 for a pair of mirror wills.
How many people this affects
Around 54–60% of UK adults have no will— more than 30 million people — and many more have wills made invalid or out of date by marriage, divorce, children or moving home. Every one of those estates follows the formula above, not the person's wishes.
Who inherits? Walk through it
Are you married or in a civil partnership, with children?
Your spouse or civil partner receives your personal possessions (chattels), a statutory legacy of the first £322,000, and half of everything above that. Your children share the other half equally (held in trust until 18).
Married or in a civil partnership, with no children?
Your spouse or civil partner takes the whole estate.
Unmarried, living with a partner?
Your partner inherits nothing — regardless of how long you have lived together or whether you have children. The estate passes to your children, or down the family order below.
Single, with children?
Your children share the whole estate equally (held in trust until they are 18). Stepchildren count only if legally adopted.
Single, no children?
The estate passes in this order: parents → full siblings (or their children) → half-siblings → grandparents → aunts and uncles (or their children) → the Crown (bona vacantia).
Probate is harder without a will
With a will, your chosen executor applies for a Grant of Probate and follows your instructions. Without one, the person entitled under the intestacy rules must apply for Letters of Administration instead — a role they did not choose, often slower and more expensive, taken on at the worst possible time for your family.
Can the rules be challenged?
Only narrowly. Spouses, cohabiting partners of two or more years, children and financial dependants can apply to court for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 — expensive, slow and uncertain litigation. A £35 will is cheaper and kinder to everyone.