Who inherits if there is no will in England and Wales?

Under the Rules of Intestacy, a surviving spouse or civil partner inherits everything if there are no children. With children, the spouse receives the first £322,000, personal possessions, and half of the remainder. Children share the other half equally.

Does a cohabiting partner inherit if there is no will?

No. Cohabiting partners — however long the relationship — have no automatic right to inherit under the Rules of Intestacy. Only married spouses and civil partners are protected. Cohabitants may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What is the spousal statutory legacy under intestacy?

The statutory legacy is £322,000 (as of February 2020). The surviving spouse receives personal possessions, the first £322,000 of the estate, and half of the remainder if there are surviving children.

Rules of Intestacy — England & Wales

Intestacy Calculator

Who inherits when there is no will — England and Wales · statutory legacy £322,000 · updates instantly

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England & Wales

Net estate value

Total assets after debts, funeral costs and IHT.

Surviving spouse or civil partner?

Surviving children or descendants?

Includes children, grandchildren and great-grandchildren of the deceased.

Number of children (or child branches)

Cohabiting partners have no automatic right to inherit under intestacy. This tool covers England and Wales only — Scotland and Northern Ireland have different rules.

Read our intestacy guide →

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