Intestacy Rules: Who Inherits If There Is No Will?

When someone dies without a valid will, they are said to have died "intestate." In England and Wales, the Administration of Estates Act 1925 (as amended) sets out a fixed set of rules that determine exactly who inherits and in what proportions. These are called the intestacy rules. They apply regardless of what the deceased may have wished, and they can produce results that many families find surprising or unfair.

This guide covers the full order of priority, the statutory legacy for surviving spouses, children's rights under intestacy, and why cohabitees often receive nothing at all.

What intestacy means

A person dies intestate when they have no will, or when their will is legally invalid. A will can be invalid because it was not signed correctly, was not witnessed by two independent witnesses simultaneously, or was made when the person lacked mental capacity. Even a will that exists but leaves part of the estate undistributed creates a "partial intestacy" for those assets.

The intestacy rules apply to whatever portion of the estate has no valid testamentary direction. The rules are not flexible and cannot be adjusted by family members simply because they disagree with the outcome, though a deed of variation (executed within two years of death) can redirect entitlements once they have arisen.

Scotland and Northern Ireland have separate inheritance rules. This guide covers England and Wales only.

The full order of priority

Under the intestacy rules, relatives inherit in a strict order. Only one class of relative inherits at a time. If anyone in a higher class survives the deceased, all lower classes receive nothing.

When there is a spouse or civil partner but no children

If the deceased leaves a surviving spouse or civil partner and no surviving children, the spouse inherits the entire estate outright. This includes all personal possessions, property, savings, and investments. No other relative receives anything, regardless of what the deceased may have indicated they wanted.

A spouse who remarried but was separated from the deceased at the time of death still inherits under this rule. Only divorce (or dissolution of a civil partnership) removes the entitlement.

When there is a spouse and children

This is where the intestacy rules become more complicated. If the deceased leaves both a surviving spouse or civil partner and children (or grandchildren), the estate is divided as follows:

• The spouse receives all personal chattels (physical belongings such as furniture, jewellery, and vehicles)
• The spouse receives the statutory legacy: a fixed cash sum currently set at £322,000
• The remainder of the estate (after chattels and the statutory legacy) is split equally: half goes to the spouse absolutely, the other half is divided equally among the children

Where the estate is worth less than £322,000, the spouse takes everything and the children receive nothing. The statutory legacy figure is set by statutory instrument and has been £322,000 since February 2020.

What happens to children's shares

Children's shares under intestacy are held on what are called "statutory trusts" until each child reaches the age of 18 or marries, whichever is earlier. Until that point, the trustees (usually the administrator of the estate) hold the money on the child's behalf.

If a child dies before the deceased parent, their share passes to their own children (the grandchildren of the deceased) in equal shares. If a child has no children of their own, their share is divided among the surviving children.

Adopted children have exactly the same rights as biological children under intestacy. Step-children have no rights whatsoever unless they were formally adopted by the deceased.

Common scenarios at a glance

Cohabitees: the most common shock

Under the intestacy rules in England and Wales, an unmarried partner has no automatic right to inherit anything, regardless of how long the relationship lasted, whether they lived together, or whether they have children together. This is one of the most serious consequences of dying without a will.

If the deceased owned property in their sole name, the surviving cohabitee may also lose the home. The estate will be administered in favour of the deceased's blood relatives, and the property will form part of that estate.

A cohabitee may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but only if they lived with the deceased as a couple for at least two years immediately before the death, and only if they can demonstrate financial need. Such claims are not guaranteed to succeed and involve court proceedings.

The only reliable solution is a valid will. Cohabiting couples who own property together should also ensure the property is held as joint tenants if they want it to pass automatically by survivorship.

How to apply for a grant of administration

When there is no will, the estate requires Letters of Administration rather than a Grant of Probate. The person entitled to apply follows the same priority order as the inheritance order set out above. You apply using form PA1A through the HMCTS online probate service.

For the full process, see our guides on letters of administration and probate without a will.

Related guides

• Letters of administration explained
• Probate without a will
• Deed of variation: redirecting an inheritance
• How to contest a will