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

Quick answer

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.

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, checked 12 August 2026.

Who inherits under England and Wales intestacy rules in each situation
SituationWho inheritsUnmarried partner
Married or in a civil partnership, with childrenThe 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 childrenWith no children, the surviving spouse or civil partner inherits the whole estate. Parents and siblings receive nothing.The whole estate
Unmarried, with childrenAn 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) livingWith 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 siblingsNo 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 kinWith 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

Administration of Estates Act 1925. Statutory legacy £322,000 in force since 26 July 2023. Source: 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.

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

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.

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 next.

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.

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Published by SwiftWill. Content updated 12 August 2026. General information for England and Wales. Sources are linked in the guide; publication is not an individual legal review.