The Rules of Intestacy determine exactly who inherits your estate if you die without a valid Will. The result may surprise you — and it may not reflect your wishes.
When a person dies without a valid Will, they are said to have died intestate. In this situation, English law — rather than your personal wishes — determines who receives your assets, who cares for your children, and who administers your estate.
The Rules of Intestacy follow a strict legal order of priority. Spouses and civil partners are first in line, followed by children, then more distant relatives. Unmarried partners — regardless of how long you have lived together — receive nothing automatically.
Only blood relatives and legally recognised spouses or civil partners can inherit under intestacy. Stepchildren, close friends, carers, and chosen family are entirely excluded unless you have made a Will.
Even if you intend for your estate to be divided a certain way, without a valid Will those wishes carry no legal weight. The only way to be certain your estate passes to the people you choose is to write a Will.
No matter how long you have lived together, an unmarried partner has no automatic right to inherit under English law. They must apply to the court under the Inheritance Act 1975.
Stepchildren — even those you have raised from birth — have no right to inherit unless they were legally adopted by you. Only biological or adopted children inherit.
Without a Will, a court decides who raises your minor children if both parents die. This may not be the person you would have chosen.
Any charitable wishes you may have had — no matter how strongly held — are ignored entirely. Intestacy does not recognise gifts to charities or other organisations.
Under intestacy, your estate passes down this chain. Each category only inherits if no one in the category above them exists.
If you are married or in a civil partnership at the time of death, your spouse or civil partner is the first to inherit. If you have no children, they inherit your entire estate. If you do have children, they receive the first £322,000 (the statutory legacy), all your personal possessions, and half of the remainder. Divorced partners receive nothing — but separation alone does not end inheritance rights.
If there is no surviving spouse or civil partner, your children inherit your entire estate in equal shares. If your spouse survived you, children share the other half of the estate above £322,000 equally. This includes illegitimate children and those adopted by you, but not stepchildren who have not been legally adopted. If a child has died before you, their children (your grandchildren) inherit their share.
If a child of yours died before you and left children of their own, those grandchildren step into their parent's place. They divide that share equally between them. Great-grandchildren follow the same principle.
If you have no spouse, civil partner, children, or grandchildren, your surviving parent or parents inherit your entire estate equally. If one parent has died, the other inherits everything.
Brothers and sisters who share both parents with you inherit equally. If a sibling died before you, their children (your nieces and nephews) inherit their share. Half-siblings are only included if there are no full siblings.
Brothers and sisters who share only one parent with you. They inherit in the same way as full siblings, but only after all full siblings and their descendants have been considered.
Surviving grandparents share your estate equally. If only one grandparent survives, they inherit everything.
Full aunts and uncles — siblings of your parents who share both of their parents. If one has predeceased you, their children (your first cousins) inherit their share.
Aunts and uncles who share only one parent with your mother or father. Followed by their children (half-first cousins) if they have predeceased you.
If you die without a Will and with no living relatives who qualify under intestacy, your entire estate passes to the Crown. This is known as bona vacantia — meaning ownerless goods. The Treasury Solicitor administers the estate on behalf of the Crown.
Answer a few simple questions to see how your estate would be distributed under the Rules of Intestacy if you were to die without a Will today.
If you leave both a spouse and children, the law splits your estate. The figures below show the current statutory legacy — updated in 2020.
| Situation | Spouse / Civil Partner receives | Children receive |
|---|---|---|
| Spouse only, no children | 100% of entire estate | Nothing (no children) |
| Spouse and children | First £322,000 + all personal possessions + 50% of the remainder | 50% of estate above £322,000, split equally |
| Children only (no spouse) | Nothing (no spouse) | 100% of estate, split equally |
| No spouse, no children | Nothing | Nothing — passes to next in line (parents, siblings, etc.) |
| No qualifying relatives | Nothing | Nothing — entire estate passes to the Crown (bona vacantia) |
The £322,000 statutory legacy figure was set by the Inheritance and Trustees' Powers Act 2014 and updated in 2020 by SI 2020/261. It applies to deaths on or after 6 February 2020.