When somebody dies without a Will, families often begin with what feels obvious. Surely their partner inherits. Surely the stepchildren count. Surely a husband or wife they separated from years ago is no longer entitled to anything.
Unfortunately, intestacy law can produce some very different answers.
At an already difficult time, that can come as a nasty surprise. The rules do not ask who was closest to the person who died, who cared for them or what the family believes they would have wanted. They follow a fixed legal order.
That’s why I’m always wary of the phrase “next of kin”. It sounds reassuringly simple, but it can hide a surprisingly rigid set of rules.
Quick answer: if somebody dies without a valid Will in England and Wales, a surviving spouse or civil partner has the first entitlement under the intestacy rules. If there are no children or other descendants, they normally inherit the whole intestate estate. If there are descendants, the spouse or civil partner receives the personal chattels, a statutory legacy currently set at £322,000, plus half of the remaining estate. The descendants share the other half. If there is no surviving spouse or civil partner, the estate passes through a fixed order beginning with children and their descendants, followed by parents and other relatives.
An unmarried partner does not currently inherit automatically, however long the couple lived together. The Government has recently consulted on changing that rule, but no reform is yet in force.
This guide covers England and Wales. Scotland and Northern Ireland have different rules. For the practical process of dealing with somebody’s affairs after death, see my probate process guide.
Contents
- What does intestacy mean?
- What property passes under the intestacy rules?
- What does a spouse or civil partner inherit?
- What if the couple were separated?
- Do unmarried partners inherit?
- How do children and grandchildren inherit?
- Who inherits if there is no spouse or child?
- What happens if there are no relatives?
- Who deals with an intestate estate?
- What is partial intestacy?
- Can the intestacy result be changed or challenged?
- Are the rules changing for unmarried partners?
- Frequently asked questions
What does intestacy mean?
A person dies intestate if they die without a valid Will which effectively disposes of their estate.
That may simply mean they never made a Will. It can also happen because a Will has been revoked or found to be invalid, or because a valid Will fails to deal with everything the person owned.
The principal intestacy rules are contained in the Administration of Estates Act 1925. They provide a legal fallback rather than an attempt to work out what the deceased would probably have chosen.
The Government has an online intestacy checker which is useful for straightforward family situations.
Before applying the rules, however, there is one important distinction to make. Not everything connected with the person who died necessarily forms part of their intestate estate.
What property passes under the intestacy rules?
The intestacy rules apply to property which falls into the deceased’s estate for distribution after debts, funeral and administration expenses and any relevant tax have been dealt with.
Some valuable assets can pass outside the estate altogether.
A home owned as beneficial joint tenants will normally pass automatically to the surviving joint owner. By contrast, the deceased’s share of a property owned as tenants in common forms part of their estate and may pass under the intestacy rules.
Joint bank accounts can also pass to the surviving account holder, although the underlying beneficial ownership of the money may occasionally need closer investigation. Some life insurance and pension death benefits can fall outside the estate as well, depending on how they are arranged.
This distinction is particularly important for unmarried couples. Saying that an unmarried partner does not inherit under intestacy does not necessarily mean they receive nothing after the death. They might, for example, become sole owner of a jointly owned home by survivorship. That happens because of the way the property was owned, not because the intestacy rules give them an inheritance.
What does a spouse or civil partner inherit?
The answer depends mainly on whether the deceased left children, grandchildren or other descendants, collectively referred to in succession law as “issue”.
If there are no children or other descendants
A surviving husband, wife or civil partner normally receives the whole intestate estate.
Parents, brothers, sisters and other relatives do not share it with the surviving spouse simply because they are close family members.
If there are children or other descendants
The estate is divided differently.
Under the current rules, the surviving spouse or civil partner receives:
- the deceased’s personal chattels;
- the statutory legacy, currently £322,000, together with statutory interest; and
- half of the estate remaining after the statutory legacy has been satisfied.
The other half of that remaining estate passes on statutory trusts for the deceased’s children or other descendants.
Personal chattels broadly means tangible movable belongings such as furniture, jewellery, pictures and other personal possessions. It excludes money and securities for money, property used solely or mainly for business purposes and property held solely as an investment.
The statutory legacy has been £322,000 since 26 July 2023. The figure can be changed, so older guides quoting £250,000 or £270,000 should not be relied upon for a current death. The latest figure is confirmed in HMRC’s intestacy guidance.
An example
Suppose somebody dies leaving a spouse and two children. After the relevant liabilities have been dealt with, there is £500,000 available for distribution, in addition to the personal chattels.
The spouse receives the first £322,000. That leaves £178,000.
The spouse then receives half of the balance, another £89,000. The children share the remaining £89,000, receiving £44,500 each.
The spouse therefore receives £411,000, plus the personal chattels and any statutory interest due on the legacy. The children receive £89,000 between them.
If the relevant estate were worth no more than £322,000, the spouse or civil partner would in practice take all of it, together with the personal chattels.
The 28-day rule
There is an easily missed qualification.
For deaths on or after 1 January 1996, a spouse or civil partner must survive the deceased by at least 28 days to inherit under the intestacy rules. If they die within those 28 days, they are treated for this purpose as though they had not survived.
That can have a major effect where a couple die within a short period of one another, particularly in a blended family. HMRC’s guidance on a spouse or civil partner’s intestacy entitlement explains the rule.
What if the couple were separated?
This is another area where ordinary assumptions can be dangerous.
Simply living apart does not normally remove a spouse or civil partner from the intestacy rules. A couple may have been separated for years, have separate homes and finances and regard the relationship as long finished. If the marriage or civil partnership still legally exists, the estranged spouse or civil partner can nevertheless retain an intestacy entitlement.
A final divorce or dissolution changes that. A former spouse or civil partner does not inherit under intestacy merely because they were once married to the deceased.
A formal judicial separation is different. Where a judicial separation order has been made and the separation is continuing when one spouse or civil partner dies, the survivor is treated for intestacy purposes as though they had died first.
For me, this is one of the clearest examples of why a Will should be reviewed when a relationship changes rather than waiting for the legal process to catch up with real life. My guide to writing a valid Will in England and Wales explains the effect of marriage, divorce and other life changes in more detail.
Do unmarried partners inherit?
Under the law as it stands on 5 September 2026, an unmarried partner has no automatic right to inherit under the intestacy rules merely because the couple lived together.
There is no general legal status of “common law husband” or “common law wife” which gives a cohabiting partner the same inheritance rights as somebody who is married or in a civil partnership.
The length of the relationship does not change that. A couple may have lived together for 20 or 30 years, brought up children and shared every aspect of their lives, yet the surviving partner is still outside the statutory intestacy hierarchy.
I suspect this is the rule that most often clashes with what people believe the law ought to say.
It does not follow that the surviving partner will necessarily receive nothing. Property held as joint tenants may pass by survivorship, and pension or insurance benefits may pass under separate arrangements. A qualifying cohabitant may also be able to seek reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
That is a claim against the estate, however. It is not the same thing as inheriting automatically under intestacy.
This distinction can be particularly important for younger couples who own a home or have children but have never made a Will. I discuss that wider issue in Do I need a Will under 40?.
How do children and grandchildren inherit?
If there is no surviving spouse or civil partner, the deceased’s children have the first entitlement and share the estate equally.
If one of those children died before the deceased but left children of their own, that branch of the family can normally take the share their parent would have received.
Imagine, for example, that a mother had three children: Anna, Ben and Chloe. Ben died before his mother but left two children. If the mother later dies intestate without a spouse or civil partner, Anna and Chloe would normally receive one third each. Ben’s one-third share passes down his branch of the family, so his two children would receive one sixth each.
Legally adopted children are treated as children of their adoptive parents for succession purposes. Children from different relationships also rank equally. There is no lesser intestacy entitlement simply because a child was born outside marriage.
An unadopted stepchild is different. They do not inherit from a stepparent under the intestacy rules merely because of that relationship.
Where a child or other descendant entitled under the statutory trusts is under 18, their entitlement will ordinarily be held on trust until they reach 18 rather than simply being handed to a surviving parent to use as they wish.
The current statutory order and treatment of descendants are summarised in HMRC’s guidance on intestate estates.
Who inherits if there is no spouse or child?
If there is no surviving spouse or civil partner and no child, grandchild or other qualifying descendant, the law moves through a fixed hierarchy.
- Parents.
- Brothers and sisters of the whole blood, or their descendants where appropriate.
- Brothers and sisters of the half blood, or their descendants where appropriate.
- Grandparents.
- Uncles and aunts of the whole blood, or their descendants where appropriate.
- Uncles and aunts of the half blood, or their descendants where appropriate.
A relative in an earlier category excludes everyone in the categories below it.
“Whole blood” simply means sharing both parents with the deceased. A half brother or half sister shares one parent.
The rules also allow descendants to represent some relatives who died earlier. That is how, for example, a niece or nephew may inherit through a deceased brother or sister, or a cousin may eventually inherit through a deceased uncle or aunt.
This can produce results that feel odd within a modern family. A close friend receives nothing. A long-term unmarried partner receives nothing automatically. An unadopted stepchild receives nothing merely as a stepchild. Meanwhile, a relative who had little or no relationship with the deceased may inherit because they sit within the statutory family tree.
Intestacy provides certainty. It does not attempt to measure affection.
What happens if there are no relatives?
If there is nobody within the statutory hierarchy entitled to inherit, the estate passes as bona vacantia, usually to the Crown. Different arrangements apply to estates falling within the Duchies of Lancaster and Cornwall.
The Government Legal Department publishes guidance for people who believe they may be entitled to an unclaimed estate.
This use of bona vacantia should not be confused with the rather different situation where property belonging to a dissolved company passes to the Crown.
Who deals with an intestate estate?
If there is no Will, there is no executor appointed by the deceased.
Instead, somebody with the appropriate priority may apply for a grant of letters of administration. Once the grant is issued, that person becomes the administrator and has legal authority to collect the assets, settle liabilities and distribute the estate.
Who inherits and who is entitled to administer the estate are related questions, but they are not identical. There can also be more than one person with equal priority to apply.
An unmarried partner does not currently gain priority to administer an estate simply by virtue of being the deceased’s cohabiting partner. That can leave the person who shared the deceased’s life dependent upon relatives to deal with the estate, unless another basis for involvement exists.
I would keep the mechanics separate from the inheritance calculation. My step-by-step guide to probate and estate administration covers grants, estate valuation, tax, debts and distribution in detail.
What is partial intestacy?
You can die partly testate and partly intestate.
That happens where there is a valid Will but it fails to dispose effectively of the whole estate. A Will might leave several specific gifts, for example, but contain no effective clause dealing with everything left over.
The valid gifts can still take effect. The part which has not been disposed of then passes under the intestacy rules.
A partial intestacy may also arise where a gift fails and the Will does not provide an effective alternative destination for the property.
This is why the residuary clause in a Will matters so much. It catches what remains after debts, expenses, tax and specific gifts have been dealt with. My valid Will guide explains that in its proper context.
Can the intestacy result be changed or challenged?
The intestacy rules are not set aside simply because the result seems unfair. There are, however, circumstances in which the eventual distribution can change.
A claim for reasonable financial provision
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for reasonable financial provision where a Will, the intestacy rules or a combination of the two fail to make such provision for them.
Eligible applicants include spouses and civil partners, some former spouses and civil partners, children, certain people treated by the deceased as children, qualifying cohabitants and people who were being maintained by the deceased.
For a cohabitant relying on the specific cohabitation category under the current law, they normally need to have lived in the same household as the deceased, as if they were spouses or civil partners, throughout the two years immediately before the death. Depending on the circumstances, somebody who does not meet that test may qualify under another statutory category.
This is not a general power for a court to redistribute an estate because one outcome feels kinder than another. The applicant must fall within the legislation and establish that the intestacy does not make reasonable financial provision for them.
Claims normally have to be issued within six months of the grant of representation, although the court has power to permit a claim outside that period.
My guide to contentious probate and inheritance disputes explains inheritance claims and Will disputes more fully.
Changing the inheritance by agreement
Families sometimes agree that the statutory result is not the one they want.
An adult beneficiary can potentially redirect some or all of their own inheritance. Where the necessary requirements are met, a written variation made within two years of the death can be treated in a particular way for Inheritance Tax and Capital Gains Tax purposes.
The Government explains the basic rules in its guidance on changing an inheritance after death.
A beneficiary can only redirect their own entitlement. They cannot simply give away somebody else’s share, and a parent cannot sign away a child’s intestacy entitlement as though it belonged to the parent.
Are the rules changing for unmarried partners?
They may change, but they have not changed yet.
In June 2026, the Government launched its A fairer end to relationships consultation. One part of that consultation proposed giving qualifying cohabitants automatic inheritance rights where their partner dies intestate.
The Government indicated that it was minded to give qualifying cohabitants the same intestacy entitlement as spouses or civil partners, subject to rules defining who qualifies and how long the couple must have lived together. It also proposed giving qualifying cohabitants equivalent priority to apply for letters of administration.
The consultation closed on 14 August 2026. Legislation would be required before those proposals could take effect.
So, as at 5 September 2026, the existing rule remains: an unmarried partner has no automatic right to inherit under intestacy, regardless of how long the couple have lived together.
That is worth spelling out because headlines about proposed cohabitation reform can easily leave the impression that the law has already changed.
Frequently asked questions
Who inherits if someone dies without a Will in England and Wales?
A surviving spouse or civil partner has the first entitlement. What they receive depends on whether there are children or other descendants. If there is no spouse or civil partner, children and their descendants come first, followed by parents and then the other relatives in the statutory hierarchy.
Does a husband or wife inherit everything if there is no Will?
Normally yes if there are no children, grandchildren or other descendants.
If there are descendants, the spouse or civil partner receives the personal chattels, the statutory legacy currently set at £322,000, plus half of the remaining estate. The descendants take the other half of that remainder.
Does an unmarried partner inherit after 20 years together?
Not automatically under the current intestacy rules. The length of the relationship does not create an intestacy entitlement.
The survivor may nevertheless receive jointly owned assets passing outside the estate or qualify to bring a claim for reasonable financial provision.
Does an estranged spouse still inherit?
Potentially, yes. Simply separating does not end a marriage or civil partnership. Unless there has been a final divorce or dissolution, or a relevant judicial separation order is in force, a spouse or civil partner may retain intestacy rights.
Do stepchildren inherit if there is no Will?
Not merely because they are stepchildren. A legally adopted child is treated as a child of the adoptive parent for succession purposes, but an unadopted stepchild does not automatically inherit under the intestacy rules.
Depending on the circumstances, they may potentially have rights under the 1975 Act, which is a separate question.
Do grandchildren inherit if their parent is still alive?
Normally not in their own right while their parent, who is the deceased’s child, is alive and entitled. Grandchildren commonly inherit where their parent died before the intestate, taking through that branch of the family.
What happens to a child’s inheritance if they are under 18?
The entitlement is normally held on statutory trusts until the child reaches 18. Trustees have powers to use income or capital for the child’s maintenance, education or benefit where appropriate, but the inheritance does not simply become the property of the surviving parent.
Can cousins inherit under the intestacy rules?
Yes, in some circumstances. A cousin may inherit through the branch of an uncle or aunt who would otherwise have been entitled, but only once all higher-ranking categories in the statutory hierarchy have been exhausted.
What happens if there is a Will but it is invalid?
If there is an earlier valid Will, that may take effect instead. If there is no effective earlier Will, the estate may pass under the intestacy rules.
Where the validity of a Will is genuinely disputed, the position should be resolved before the estate is distributed. My guide to contesting a Will and contentious probate explains the principal grounds of challenge.
The law follows legal relationships, not assumptions
The intestacy rules are easy to misunderstand because many of us instinctively think in terms of family rather than legal status.
The person someone lived with for decades may have no automatic entitlement. An estranged spouse may still inherit. A much-loved stepchild may receive nothing, while a more distant blood relative eventually takes the estate.
That does not mean intestacy always produces an unreasonable result. For many straightforward married families, it may come close to what the person would have chosen anyway.
The problem is assuming that it will.
For me, the useful question is not simply, “Who is my next of kin?” It is: “If I died without a Will, would the legal order of inheritance actually match the people and relationships in my life?”
If the answer is yes, the intestacy rules may produce the result you would expect. If it is no, the law will not fill in the gaps by guessing what you probably meant.
Last legally reviewed: 5 September 2026
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
