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.

Intestacy flowchart: who inherits if there's no will?

Quick answer

Answer up to four questions and see exactly who inherits under the intestacy rules of England and Wales — spouse or civil partner first (everything if no children; chattels, £322,000 and half the residue if there are children), then children, parents, siblings, grandparents, aunts and uncles — and finally the Crown. Unmarried partners and stepchildren get nothing automatically.

Try it: who inherits?

Were they married or in a civil partnership when they died?

How the order works

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.

The two groups the ladder ignores completely

Unmarried partners and stepchildren. A partner of thirty years and a stepchild raised from birth both inherit exactly nothing by default. If the flowchart 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 next.

Frequently asked questions

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