Intestacy flowchart

Intestacy flowchart: who inherits if there is no will?

By SwiftWillUpdated 24 September 2026England and Wales

Quick answer

If there is no valid will in England and Wales, a spouse or civil partner with children receives the personal belongings, the first £322,000 and half of the rest; with no descendants, they receive everything. Without a spouse, the estate passes to children, then parents, then brothers and sisters and more distant relatives. An unmarried partner receives nothing. Answer up to four questions below to see the outcome.

Who inherits in each situation?

The table covers the six main outcomes under section 46 of the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014. The last column shows what a surviving spouse or civil partner receives, or what an unmarried partner receives where there is no spouse.

Who inherits under England and Wales intestacy rules in each situation
Situation	Who inherits	Spouse, civil partner or partner receives
Married or in a civil partnership, with children or other descendants	The spouse or civil partner receives the personal chattels, the first £322,000 of the rest (with interest) and half of anything above that. The other half is shared equally between the children, and the children of a child who died earlier take that child's share. Children under 18 inherit on trust until they are 18. If the estate after chattels is £322,000 or less, the spouse or civil partner receives everything. Stepchildren inherit nothing unless adopted.	Chattels + £322,000 + half the rest
Married or in a civil partnership, no descendants	With no children, grandchildren or other descendants, the surviving spouse or civil partner inherits the whole estate. Parents, brothers and sisters receive nothing. The spouse or civil partner must outlive the deceased by 28 days to inherit under these rules.	The whole estate
No spouse or civil partner, with children or other descendants	The children share the whole estate equally, and the children of a child who died earlier take that child's share. Children under 18 inherit on trust until they are 18. An unmarried partner inherits nothing under the intestacy rules, however long the relationship.	Nothing
No spouse, civil partner or descendants; a parent is living	The estate passes to the parents in equal shares, or all to one parent if only one is living. Brothers and sisters receive nothing. An unmarried partner receives nothing.	Nothing
No spouse, civil partner, descendants or parents; brothers or sisters (or their children)	Full brothers and sisters share the estate equally, and the children of a full sibling who died earlier take that sibling's share. Half-brothers and half-sisters (and their children) inherit only if there are none on the full side. An unmarried partner receives nothing.	Nothing
No spouse, civil partner, descendants, parents or brothers and sisters (or their children)	Grandparents share the estate. If none are living, full aunts and uncles inherit (cousins take the share of an aunt or uncle who died earlier), then half-blood aunts and uncles. Only if none of these relatives exists does the estate pass to the Crown, the Duchy of Lancaster or the Duke of Cornwall as bona vacantia. An unmarried partner receives nothing.	Nothing

Administration of Estates Act 1925 ss.46–47, as amended by the Inheritance and Trustees' Powers Act 2014. Statutory legacy £322,000 for deaths on or after 26 July 2023 (SI 2023/758; £270,000 for deaths from 6 February 2020 to 25 July 2023). Checked on legislation.gov.uk on 24 September 2026.

Can you walk the same rules as questions?

Yes. Answer up to four yes-or-no questions. The result is the same row as in the table above. It does not value the estate or deal with assets that pass outside the rules, such as a home owned as joint tenants or a pension paid under a nomination.

Were they married or in a civil partnership when they died? (Separated but not divorced still counts.)

What is the intestacy order of inheritance?

The estate goes to the first group in this order that has someone living. For a spouse or civil partner to count, they must outlive the deceased by 28 days (section 46(2A)).

Spouse or civil partner (sharing with descendants above £322,000 if there are any).
Children, with grandchildren taking the share of a child who died earlier.
Parents.
Brothers and sisters of the whole blood, or their children.
Brothers and sisters of the half blood, or their children.
Grandparents.
Aunts and uncles of the whole blood, or their children.
Aunts and uncles of the half blood, or their children.
The Crown, the Duchy of Lancaster or the Duke of Cornwall (bona vacantia).

Beneficiaries under 18 inherit on trust until they are 18 (section 47). The full explanation is in the intestacy rules guide.

Who does intestacy leave out?

Unmarried partners, stepchildren who were not adopted, friends and charities. If the result surprised you, a will is how to change it; see wills for unmarried couples, can stepchildren inherit and how to make a will.

Sources

Sources checked 24 September 2026.

Frequently asked questions

How accurate is this flowchart?

It follows the order in section 46 of the Administration of Estates Act 1925 for deaths on or after 26 July 2023, including the £322,000 spouse legacy. It does not value an estate, deal with assets that pass outside the intestacy rules such as jointly owned property, or cover deaths before 1 October 2014, so treat it as a guide rather than advice.

Why does an unmarried partner get nothing?

The intestacy rules include spouses and civil partners but not unmarried partners, however long the relationship. A partner may be able to apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. The government consulted on change in 2026, but the law is unchanged.

What is the £322,000 figure?

It is the statutory legacy a spouse or civil partner receives, with the personal belongings and half of the rest, when the deceased also leaves children or other descendants. It applies to deaths on or after 26 July 2023; for deaths from 6 February 2020 to 25 July 2023 it was £270,000.

What happens to stepchildren under intestacy?

They inherit nothing from a step-parent unless the step-parent legally adopted them. A stepchild treated as a child of the family may be able to make a claim under the 1975 Act.

Can the family agree to split things differently?

People who inherit can redirect their share with a written variation. For inheritance tax to treat it as if the deceased made it, it must be made within two years of the death and include a statement to that effect under section 142 of the Inheritance Tax Act 1984.