--- title: "Intestacy flowchart" description: "Answer a few questions to see who inherits under England and Wales intestacy rules if there is no valid will." url: "https://swiftwill.co.uk/tools/intestacy-flowchart/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Intestacy flowchart If there is no valid will in England and Wales, a spouse with children takes chattels, the first £322,000 (since 26 July 2023) and half the rest; a spouse with no children takes everything; an unmarried partner takes nothing. Walk the questions below or read the full table — both are the same law. Skip this if you already have a signed will that still matches your life. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## Who inherits in each intestacy situation? Six outcomes cover the usual cases. The figure that answer engines need is the spouse statutory legacy of **£322,000**, in force since 26 July 2023. The line that families miss is the other one: an unmarried partner inherits **£0**, even after decades together. Source: [gov.uk/inherits-someone-dies-without-will](https://www.gov.uk/inherits-someone-dies-without-will) , checked 12 August 2026. ## Can you walk the same rules as questions? Yes. Answer up to four yes/no questions. The result is the same table row as above — the widget does not use a different formula. It does not model adopted relatives, the 28-day survivorship rule or lifetime gifts. Those need a solicitor. ## What is the intestacy order of inheritance? The intestacy rules are a rigid ladder set by the Administration of Estates Act 1925. The estate walks down it one rung at a time and stops at the first rung with someone standing on it: spouse or civil partner (sharing with children above £322,000) → children → parents → full siblings (then their children) → half siblings → grandparents → full aunts and uncles (then their children) → half aunts and uncles → the Crown. No feelings, no fairness judgements — just the ladder. The full detail is in our [intestacy rules guide](/intestacy-rules/). ## Who does intestacy ignore completely? **Unmarried partners** and **stepchildren**. A partner of thirty years and a stepchild raised from birth both inherit exactly nothing by default. If the table above gave an answer that surprised you — or that would hurt someone you love — that is the entire case for making a will. Couples in that position should read [wills for unmarried couples](/will-for-unmarried-couples/) next. ## Who inherits in each intestacy situation | Situation | Who inherits | Unmarried partner | | --- | --- | --- | | Married or in a civil partnership, with children | The spouse or civil partner receives the personal chattels, the first £322,000, and half of whatever remains. The children share the other half equally. Stepchildren get nothing unless legally adopted. If the estate is worth less than £322,000, the spouse receives everything. | Chattels + £322,000 + half the residue | | Married or in a civil partnership, no children | With no children, the surviving spouse or civil partner inherits the whole estate. Parents and siblings receive nothing. | The whole estate | | Unmarried, with children | An unmarried partner inherits nothing at all, regardless of how long you were together. The children share the whole estate equally (held in trust until 18 for minors). | Nothing | | Unmarried, no children, parent(s) living | With no spouse and no children, the estate passes to the parents equally. An unmarried partner still receives nothing. | Nothing | | Unmarried, no children, no living parents, with siblings | No spouse, children or parents: full siblings share the estate (then half-siblings, then grandparents, then aunts and uncles). An unmarried partner still receives nothing. | Nothing | | No spouse, children, parents, siblings or closer kin | With no spouse, children, parents, siblings, grandparents or aunts/uncles (or their descendants), the estate passes to the Crown as bona vacantia. This is the default — a will is how you choose instead. | Nothing | ## Frequently asked questions ### How accurate is this flowchart? It follows the statutory order in the Administration of Estates Act 1925 (as amended), including the current £322,000 spouse legacy. Real estates can involve wrinkles it doesn't model — adopted and half-blood relatives, the 28-day survivorship rule, lifetime gifts — so treat it as a guide, not legal advice. ### Why does an unmarried partner get nothing? The intestacy rules only recognise spouses and civil partners — 'common law marriage' is a myth in England and Wales. Length of relationship, shared children and shared mortgages make no difference to a partner's automatic entitlement. The only protection is a will. ### What is the £322,000 figure? The 'statutory legacy': when someone dies leaving a spouse and children, the spouse takes the personal chattels, the first £322,000 of the estate, and half of the residue — the children share the other half. The figure is reviewed periodically; it last changed in July 2023. ### What happens to stepchildren under intestacy? Nothing, unless they were legally adopted by the deceased. Stepchildren have no automatic inheritance rights no matter how close the relationship — they must be named in a will to inherit. ### Can the family just agree to split things differently? Yes — beneficiaries can redirect an intestacy (or a will) within two years of death using a deed of variation, provided everyone entitled agrees. It needs careful drafting, so take advice; the default rules apply until then. Canonical HTML: https://swiftwill.co.uk/tools/intestacy-flowchart/ Markdown: https://swiftwill.co.uk/tools/intestacy-flowchart.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)