Intestacy rules: who inherits when there is no will

When someone dies without a valid will in England and Wales, they have died intestate. Their estate – money, property, and possessions – is distributed according to a fixed set of rules set out in the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees’ Powers Act 2014). These rules determine who inherits and how much they receive, based on which relatives survive the deceased. If you’re still trying to locate a will before concluding there isn’t one, see our guide on how to find a will.

If you’re dealing with this situation right now, the key facts are: a surviving spouse or civil partner is first in line. If there are also children, the spouse receives the personal chattels, the first £322,000 (the statutory legacy), and half of anything remaining. The other half passes to the children. If there is no spouse and no children, the estate follows a strict order of priority down through parents, siblings, grandparents, and beyond.

This guide explains how intestacy works across the UK – including the different rules in Scotland and Northern Ireland – who inherits at each stage, and the practical steps you need to take. For an overview of all our wills and intestacy guides, see the hub page.

Who inherits when there is no will

The intestacy rules create a strict hierarchy. The estate passes to the highest-priority category of relative who survives the deceased. If nobody in that category is alive, the estate moves to the next category down.

Here is the full order of priority, which applies to deaths on or after 1 October 2014:

A few important points about this hierarchy:

• Stepchildren are excluded unless they were legally adopted by the deceased. A stepchild has no automatic entitlement under intestacy, regardless of how long they lived with the deceased.
• Cohabiting partners are excluded. An unmarried partner – no matter how long the relationship – has no automatic right to inherit under intestacy rules. This is one of the most common and painful surprises families face.
• Half-blood relatives (half-siblings, half-uncles, half-aunts) do have inheritance rights, but they sit in a separate, lower-priority category than their full-blood equivalents.

The full order of priority is set out in section 46 of the Administration of Estates Act 1925, as substituted by the Inheritance and Trustees’ Powers Act 2014 (legislation.gov.uk – Administration of Estates Act 1925, s.46).

The spouse or civil partner’s share

The surviving spouse or civil partner’s entitlement depends on whether the deceased also left children or other descendants (known in law as “issue”).

If there are children

The surviving spouse or civil partner receives:

1. All personal chattels – household items, furniture, cars, clothing, jewellery. This does not include money, investments, or property held as business assets.
2. The statutory legacy – a fixed lump sum of £322,000, free of tax and costs. This figure took effect on 26 July 2023 and was increased from £270,000 (gov.uk – IHTM12122: Statutory legacy). It is set by the Lord Chancellor under the Inheritance and Trustees’ Powers Act 2014 and is reviewed periodically.
3. Half of the remaining estate – after the chattels and statutory legacy have been taken, the spouse receives an absolute interest in half of whatever is left.

The other half of the remaining estate passes to the children, divided equally between them, held on statutory trusts until each child reaches 18 (or marries or forms a civil partnership before then).

If the estate is worth less than £322,000, the spouse inherits everything and the children receive nothing under intestacy.

If there are no children

The surviving spouse or civil partner inherits the entire estate – regardless of its value, and regardless of whether parents, siblings, or other relatives survive the deceased (gov.uk – IHTM12121: Surviving spouse or civil partner).

Separated but not divorced

A separated spouse or civil partner still inherits under intestacy, provided the marriage or civil partnership has not been legally dissolved. Separation – even long-term separation – does not remove intestacy rights. Only a decree absolute (divorce) or a final dissolution order ends the entitlement.

What happens if there is no surviving family

If no relatives in any of the priority categories can be found, the estate passes to the Crown as bona vacantia – ownerless property. In England and Wales (outside the Duchies of Lancaster and Cornwall), the Government Legal Department’s Bona Vacantia Division administers these estates on behalf of the Crown (gov.uk – Bona Vacantia).

The Crown can make discretionary grants from the estate to people who might reasonably have expected to inherit – for example, a long-term cohabiting partner, a carer, or a dependant who was being supported by the deceased. These grants are not guaranteed, and the application process can be slow. The Bona Vacantia Division publishes a list of unclaimed estates, and anyone who believes they may be entitled can submit a claim (gov.uk – Claim or refer an unclaimed estate).

Intestacy rules in Scotland

Scotland has its own succession law, governed by the Succession (Scotland) Act 1964 and recently amended by the Trusts and Succession (Scotland) Act 2024. The rules are significantly different from England and Wales.

Prior rights

A surviving spouse or civil partner is entitled to prior rights before anyone else inherits. These are fixed entitlements that come off the top of the estate:

• The dwelling house – up to £473,000 in value. If the property is worth more, the survivor receives £473,000 instead. The survivor must have been ordinarily resident in the property.
• Furniture and household contents – up to £29,000
• A cash sum – £50,000 if the deceased left children or other descendants, or £89,000 if there are no descendants

Interest accrues on the cash sum at 7% from the date of death until payment.

These figures have been in force since 1 February 2012 (gov.uk – IHTM12211: Scottish prior rights on intestacy).

Legal rights

After prior rights have been taken, the surviving spouse and children are each entitled to legal rights – a fixed share of the moveable estate (everything except land and buildings):

• If the deceased left both a spouse and children: the spouse receives one-third and the children share one-third equally
• If the deceased left a spouse but no children: the spouse receives one-half
• If the deceased left children but no spouse: the children share one-half

Legal rights apply to moveable property only. They also apply where there is a will – a spouse or child can claim legal rights instead of accepting what the will provides, which is a significant difference from England and Wales.

The free estate

Whatever remains after prior rights and legal rights have been satisfied is the free estate. For deaths on or after 30 March 2024, the Trusts and Succession (Scotland) Act 2024 changed the order of succession for the free estate. The surviving spouse or civil partner now ranks ahead of parents and siblings (previously, parents and siblings took priority). If no children or descendants survive, the spouse or civil partner inherits the entire free estate (Succession (Scotland) Act 1964).

Intestacy rules in Northern Ireland

Northern Ireland has its own intestacy legislation under the Administration of Estates Act (Northern Ireland) 1955, with statutory legacy amounts set by separate orders.

If there is a surviving spouse and children

The surviving spouse or civil partner receives:

1. All personal chattels
2. A statutory legacy of £250,000
3. If there is one child: the spouse receives half of the remainder; the child receives the other half
4. If there are two or more children: the spouse receives one-third of the remainder; the children share two-thirds equally

If there is a surviving spouse but no children

If the deceased left parents, siblings, or their descendants, the spouse receives the personal chattels, a statutory legacy of £450,000, and half of whatever remains. The other half passes to the parents (or, if no parents survive, to siblings and their descendants).

If the deceased left no parents, siblings, or their descendants, the spouse inherits the entire estate.

If there is no surviving spouse

The estate follows a similar hierarchy to England and Wales: children, then parents, then siblings, then more distant relatives. If no relatives survive, the estate passes to the Crown as bona vacantia.

The statutory legacy figures of £250,000 and £450,000 have been in force since 1 January 2008 (gov.uk – IHTM12172: Northern Ireland statutory legacy).

An important procedural difference: if the surviving spouse dies within 28 days of the deceased, Northern Ireland law treats the estate as if the spouse had not survived – a provision that does not exist in England and Wales.

Cohabiting partners and intestacy

This is the area of intestacy law that causes the most hardship. If you were living with someone as their partner – sharing a home, sharing finances, raising children together – but you were not married or in a civil partnership, you have no automatic right to inherit any part of their estate under intestacy rules.

This applies regardless of how long you lived together. Twenty years of cohabitation gives you the same intestacy entitlement as twenty days: none.

What cohabiting partners can do

A cohabiting partner can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To qualify as a cohabitant under the Act, you must have lived with the deceased in the same household as if you were married or civil partners for at least two years immediately before their death (legislation.gov.uk – Inheritance (Provision for Family and Dependants) Act 1975).

Key points about these claims:

• The claim must be made within 6 months of the grant of letters of administration (or grant of probate if there is a will). Courts can extend this deadline in exceptional circumstances, but late claims are much harder to succeed with.
• The standard of provision for cohabitants is maintenance only – the court can award what is reasonably needed for your maintenance, which is a lower standard than the “reasonable financial provision” available to spouses and civil partners.
• These claims go through the courts and can be expensive and emotionally difficult. Legal advice from a solicitor experienced in contentious probate is essential. Our guide on contesting a will covers the full process, including family provision claims.

If you don’t meet the two-year cohabitation requirement, you may still be able to claim as a dependant – someone who was being maintained, wholly or partly, by the deceased immediately before their death.

The strongest protection for unmarried couples is to make a will. It removes the uncertainty entirely and ensures your partner is provided for.

Children and intestacy

Children inherit under intestacy in two main situations: when there is a surviving spouse and the estate exceeds the statutory legacy plus chattels, or when there is no surviving spouse at all.

How children’s shares are calculated

If there is a surviving spouse, children share the half of the residuary estate that does not go to the spouse. If there is no surviving spouse, children share the entire estate equally.

“Children” for intestacy purposes means:

• Biological children of the deceased (including children born outside marriage)
• Legally adopted children – they have the same rights as biological children
• Children of a deceased child – if a child of the deceased has already died, their share passes to their own children (the deceased’s grandchildren) in equal shares

Stepchildren are excluded from intestacy. A stepchild can only inherit under intestacy if they have been formally adopted by the deceased. Living in the same household, even from infancy, does not create an intestacy entitlement. Stepchildren may, however, bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were being maintained by the deceased.

Children under 18

A child’s intestacy share is held on statutory trusts until they reach 18, or until they marry or form a civil partnership (whichever comes first). The trustees – usually the estate administrators – manage the funds in the meantime and can use income (and in some cases capital) for the child’s maintenance, education, and benefit (gov.uk – IHTM12111: Summary of intestacy rules).

What to do if someone dies without a will

If you’re dealing with the estate of someone who died intestate, here are the practical steps to follow.

Step 1: Establish whether there is a will

Before assuming intestacy, carry out a thorough search. Check the deceased’s home, contact their solicitor (if they had one), search the National Will Register, and ask their bank whether they held a will in safe custody. A surprising number of “intestate” estates turn out to have a will tucked away somewhere.

Step 2: Work out who is entitled to administer the estate

When there is no will, there are no executors. Instead, an administrator must be appointed by the court through a grant of letters of administration. The right to apply follows the same priority order as the intestacy rules – spouse first, then children, then parents, and so on (gov.uk – Applying for probate: if there’s not a will).

Step 3: Apply for letters of administration

You apply through the same probate service as executors – online at apply-for-probate.service.gov.uk or by post using form PA1A. You will need to value the estate first. If inheritance tax reporting is required, you must complete the HMRC process before your application can proceed. For a full walkthrough of the application process, see our guide on how to apply for probate.

Step 4: Administer the estate

Once you have the grant of letters of administration, you have the legal authority to collect the deceased’s assets, pay their debts (including any inheritance tax), and distribute the estate according to the intestacy rules. The administrator has the same legal duties as an executor – including the duty to distribute correctly and to keep proper records. For a full breakdown of what those duties involve, see our guide to executor duties and responsibilities. For more on the timeline involved, see how long does probate take.

Can you contest intestacy rules?

You cannot challenge the intestacy rules themselves – they are set by Parliament. However, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe the intestacy rules have failed to make reasonable financial provision for you.

People who can bring a claim include:

• The spouse or civil partner of the deceased
• A former spouse or civil partner who has not remarried or formed a new civil partnership
• A cohabitant who lived with the deceased as a spouse for at least two years before the death
• A child of the deceased (including adult children)
• Any person who was being maintained, wholly or partly, by the deceased immediately before their death

The claim must normally be brought within 6 months of the grant of letters of administration. Courts consider a range of factors, including the claimant’s financial needs, the size of the estate, and the obligations the deceased had towards the claimant during their lifetime (legislation.gov.uk – Inheritance (Provision for Family and Dependants) Act 1975).

A solicitor specialising in contentious probate can advise on whether a claim is likely to succeed and what it might cost.

Does a cohabiting partner have any rights if there is no will?

Under the intestacy rules, a cohabiting partner has no automatic right to inherit. This is the case regardless of how long you lived together or whether you have children together.

However, a cohabiting partner may have rights through other routes:

• A claim under the Inheritance Act 1975 – if you lived together as a couple for at least two years (see the cohabiting partners section above for details)
• Jointly owned property – if the home was held as joint tenants, it passes automatically to the surviving owner by right of survivorship and does not form part of the intestate estate
• Life insurance and pensions – policies written in trust, or pension death benefits with a nominated beneficiary, pass outside the estate entirely and are not affected by intestacy rules
• A discretionary grant from the Crown – if the estate passes as bona vacantia, the Crown can make an ex gratia payment to a cohabiting partner, though this is not guaranteed

The most reliable way for unmarried couples to protect each other is to make a will and review it regularly.

Summary

When someone dies without a will, the intestacy rules dictate who inherits. In England and Wales, the surviving spouse or civil partner is first in line – receiving the personal chattels, the first £322,000, and half of the remainder if there are children, or the entire estate if there are none. Scotland uses a different system of prior rights (house up to £473,000, furniture, and cash) plus legal rights over moveable property. Northern Ireland applies its own statutory legacy amounts (£250,000 with children, £450,000 without). In all three jurisdictions, cohabiting partners have no automatic entitlement, which makes this one of the most important areas to plan for. If you are administering an intestate estate, you will need to apply for letters of administration through the probate service. If you believe the intestacy rules have left you without reasonable provision, seek legal advice about a claim under the Inheritance Act 1975.

If you want to avoid intestacy entirely, see our step-by-step guide on how to write a will. For more on dealing with estate administration, see our guides on how long probate takes and bereavement support payment.