My partner died without a will

My partner died without a will: what happens now?

By SwiftWillUpdated 24 September 2026England and Wales

Quick answer

I am sorry you are facing this. When someone dies without a will, the intestacy rules decide who inherits, and your position depends on whether you were married or in a civil partnership. A husband, wife or civil partner inherits some or all of the estate; an unmarried partner inherits nothing under the rules, though jointly owned property and joint accounts still pass to you, and you may be able to make a court claim.

Where do you stand if your partner died without a will?

Your position depends on your legal relationship. Section 46 of the Administration of Estates Act 1925 sets the rules.

What a surviving partner inherits without a will in England and Wales (checked 24 September 2026)
Your situation	What you inherit under intestacy
Married or civil partners; your partner had no children	Everything
Married or civil partners; your partner had children	Personal possessions, the first £322,000 with interest, and half of the rest. The children share the other half.
Not married or civil partners	Nothing. The estate goes to your partner's children, then parents, then siblings and other relatives.

The £322,000 figure has applied since 26 July 2023 (S.I. 2023/758), and interest is added from the date of death. A husband, wife or civil partner inherits only if they survive by 28 days. The full rules are in intestacy rules.

What passes to you whatever the intestacy rules say?

Some things pass outside the rules. Property owned as joint tenants goes automatically to the surviving owner, and so does money in a joint account. Pension and life insurance payments may go to the person named on a nomination or under a trust. A share owned as tenants in common does not pass automatically; it follows the intestacy rules.

What if you were not married?

The law offers a possible court claim, not an entitlement. Under the Inheritance (Provision for Family and Dependants) Act 1975, you can ask the court for reasonable financial provision if you lived in the same household as your partner, as a couple, for the whole two years before the death, or if they were maintaining you. The claim must normally be made within six months of the grant, and it can be made before the grant. The outcome is never certain, so speak to a solicitor early.

Who deals with the estate when there is no will?

An administrator, who applies for letters of administration. GOV.UK says the closest living relative applies: normally the husband, wife or civil partner (including if separated), followed by children aged 18 or over. An unmarried partner cannot apply. Where a beneficiary is under 18, the court normally grants administration to at least two people (Senior Courts Act 1981, s.114). The fee is £526 if the estate is worth more than £5,000, from 13 July 2026; see the probate guide.

What financial help can you get?

If you were under State Pension age, you may get Bereavement Support Payment, which is not means-tested. Married partners and civil partners can qualify; cohabiting partners qualify if they were getting, or entitled to, Child Benefit for a child living with them, or were pregnant. The higher rate is £3,500 plus 18 monthly payments of £350. Claim within 3 months of the death to receive the full amount.

What should you do in the first weeks?

Register the death within 5 days of the medical examiner's confirmation, and get death certificates at £12.50 each. See how to register a death.
Search carefully for a will. Check the home and papers, ask any solicitor or will-writing service your partner used, and search the probate records. A valid will changes everything.
Keep things safe: the home, vehicles and valuables, with insurance in place. Tell banks, pension providers and insurers.
Take your time with big decisions. The order of tasks is in what to do when someone dies, and bereavement support lists who can help.

How can you protect the people you would leave behind?

When it feels right, a will of your own means the people you love will not face these rules. If you live with a partner without marrying, see wills for unmarried couples. You can make a will with SwiftWill for £35 whenever you are ready.

Sources

Sources checked 24 September 2026.

Frequently asked questions

We were not married. Do I inherit anything?

Not under the intestacy rules. An unmarried partner inherits nothing, however long you lived together. You still keep anything you owned jointly as joint tenants or in a joint account, and you may be able to claim under the Inheritance Act 1975 if you lived together as a couple for two years or were financially supported.

How long do I have to make an Inheritance Act claim?

Six months from the date the grant of letters of administration is issued, unless the court allows a late claim. You can make a claim before the grant. Get advice from a solicitor promptly.

What does a husband, wife or civil partner inherit if there is no will?

If your partner left no children or other descendants, everything. If they left children, you receive the personal possessions, the first £322,000 with interest, and half of the rest; the children share the other half. You must survive your partner by 28 days.

Who can apply for letters of administration?

The closest living relative, normally the husband, wife or civil partner, then children aged 18 or over. An unmarried partner cannot apply. Where a beneficiary is under 18, the court normally grants administration to at least two people.

Can I get Bereavement Support Payment if we were not married?

Yes, if you were under State Pension age and were getting, or entitled to, Child Benefit for a child living with you, or were pregnant, when your partner died. Your partner must have paid enough National Insurance, or died because of their work.

What if I find a will later?

A valid will replaces the intestacy rules. The executors it names apply for probate and the estate passes as the will says. Search the home, ask any solicitor or will-writing service your partner used, and check the probate records before assuming there is no will.