Children's Inheritance Rights in England & Wales 2026: A Full Guide

Updated: 07 June 2026 • Reading time: 9 min • By Richard Woods

Unlike most of Europe, England and Wales operate a system of testamentary freedom — you can, in principle, leave your estate to anyone you choose. Children have no automatic guaranteed shareof a parent's estate. But they are not without protection. This guide explains what rights children actually have, what happens under intestacy, when they can challenge a will, and how parents can use their own will to secure their children's future.

England and Wales vs. Scotland

It is worth clarifying jurisdiction from the outset. In Scotland, children have statutory "legal rights" (known as "legitim") that entitle them to a fixed share of a parent's moveable estate regardless of the will. In England and Wales there is no equivalent forced heirship rule. This guide covers England and Wales only.

Children's Rights When There Is No Will (Intestacy)

Where a parent dies without a valid will, the intestacy rules under the Administration of Estates Act 1925 (as amended) apply automatically. The share a child receives depends on whether a spouse or civil partner survives.

If a Spouse Survives

The surviving spouse receives all personal chattels (furniture, cars, personal belongings) plus the first £322,000 (the statutory legacy — confirmed for 2024–2026) and half of everything above that. The children share the remaining half equally between them. If the estate is worth £322,000 or less, children may receive nothing at all.

If No Spouse Survives

Children inherit the entire estate equally. Where a child died before the parent, that child's own children (the grandchildren of the deceased) inherit in their parent's place — this is the per stirpes rule.

Children under 18 cannot receive their share directly. A statutory trust holds it until the child reaches 18 (or longer if the will specifies).

Can a Parent Disinherit a Child?

Yes — and it happens. A parent can exclude a child entirely from their will. However, two safeguards exist:

Inheritance Act 1975 claims.A child who was financially dependent on the deceased can apply to court for "reasonable financial provision" from the estate. The threshold is maintenance, not a generous slice of the estate. Self-sufficient adult children generally do not succeed; dependent, disabled, or minor children are more likely to.
Challenging the will itself. If the will was made under undue influence, when the parent lacked mental capacity, or was improperly witnessed, the will can be declared invalid and the estate devolves under intestacy or an earlier will — in which case the child may inherit.

The six-month deadline for Inheritance Act claims runs from the date the grant of probate is issued. Acting quickly is essential.

Protecting Children in Your Own Will

If you have children, your will should address the following:

Name a guardian. If both parents die while children are minors, a named guardian avoids a court-appointed stranger making decisions about your children's upbringing.
Set up a trust for minor children. Rather than children inheriting outright at 18 — which can be impractical for large sums — a trust in your will lets you specify the age of distribution (21, 25, or later) and how trustees may advance funds for education and maintenance before that age.
Consider a property protection trust if you are remarried or in a second relationship. A property protection trust (life interest trust) ensures your new spouse can remain in the home but that capital passes to your children on the survivor's death, rather than to a new family.
Name children explicitly — by full name and date of birth — to avoid ambiguity about who is included, particularly in blended families or where step-children are (or are not) meant to benefit.
Leave a letter of wishes alongside the will explaining your decisions. This is not legally binding but can discourage spurious Inheritance Act claims by demonstrating considered reasons for your dispositions.

Step-Children and Adopted Children

Legally adopted children are treated identically to biological children in all respects — intestacy, inheritance, and family provision claims.

Step-childrenwho were not adopted have no automatic right under intestacy or under a will that does not name them. They can, however, bring an Inheritance Act claim if the deceased "treated [them] as a child of the family." If you wish your step-children to inherit, name them in your will — do not assume the intestacy rules or goodwill will protect them.

The Effect of Remarriage on Children's Inheritance

Remarriage automatically revokes a prior will. A parent who remarries and dies without a new will leaves everything to pass under intestacy — which gives the new spouse priority. Children from the first marriage could receive very little or nothing if the estate is under £322,000.

Even with a new will, a parent is free to leave everything to the new spouse and cut out the children. A life interest trust ensures the surviving spouse has a home and income for their lifetime, while preserving capital for the children of the first marriage.

Frequently Asked Questions

Do children have a legal right to inherit from their parent in England and Wales?

Children do not have an automatic right to inherit a fixed share from a parent's estate in England and Wales — unlike in Scotland (which has the 'legal rights' doctrine) and most of continental Europe. English law upholds testamentary freedom: a parent can, subject to limited exceptions, leave everything to a stranger. However, two key protections exist. First, if a parent dies without a will (intestacy), children are entitled to a share of the estate under the intestacy rules. Second, if a child is left out of a will and was financially dependent on the deceased, they can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate.

What do children inherit if a parent dies without a will?

Under the intestacy rules in England and Wales, if the deceased parent was married (or in a civil partnership) at death, the surviving spouse receives all personal chattels plus the first £322,000 of the estate and half the remainder. The children share the other half of anything over £322,000 equally between them. If the deceased parent was not married, children inherit the entire estate equally between them — regardless of age. A child under 18 cannot receive their share directly; it is held on statutory trust until they reach 18. Step-children who were not legally adopted have no automatic right to inherit under the intestacy rules, but biological and legally adopted children do.

Can a parent legally disinherit their child in England and Wales?

Yes, within limits. A parent can exclude a child from their will entirely — English law does not require 'forced shares' as French or German law does. However, a disinherited child who was financially dependent on the parent can bring a claim under the Inheritance Act 1975 for reasonable financial provision. An adult child who is entirely self-sufficient will generally not succeed. An adult child who was dependent — due to disability, illness, or financial circumstances — is more likely to succeed. A minor child or a child in full-time education who is excluded from a will is very likely to obtain at least some provision from the estate on a claim. Solicitors recommend leaving at least a token provision with a letter of wishes explaining the reason, as this may discourage a claim.

What is reasonable financial provision for a child under the Inheritance Act 1975?

For all claimants except a surviving spouse or civil partner, the Act only entitles the claimant to 'such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.' This is a lower bar than the spouse's entitlement to a fair share of the matrimonial assets. For an adult child the court considers: the claimant's financial resources and needs, the size of the estate, any obligations the deceased had to the claimant, the deceased's reasons for excluding them (if known), any competing claims from other beneficiaries, and any benefit already received from the deceased in life. Adult children who are financially capable adults generally receive little or nothing; dependent or disabled adult children may receive more. Minor children and children in education fare better because their maintenance needs are clear.

What happens to children's inheritance if a parent remarries?

Remarriage automatically revokes a previous will in England and Wales. If a parent remarries without making a new will, the intestacy rules apply — meaning the new spouse takes priority. If the estate is modest (under £322,000) the children of the first marriage could receive nothing at all. Even if the parent makes a new will, they are free to leave everything to their new spouse and exclude the children entirely. The solution is to use a life interest trust (property protection trust) in the will, which allows the new spouse to benefit from the estate during their lifetime but ultimately passes capital to the children of the first marriage.

How are children's shares held until they reach 18?

If a child is under 18 at the time they become entitled to an inheritance — whether under a will or intestacy — their share is held on statutory trust (under intestacy) or by trustees named in the will until they reach 18, or a higher age if the will specifies it. Trustees have investment powers and must act in the child's best interests. Guardians may apply to the trustees for funds for the child's maintenance, education, and benefit. If no trustees are named and the child's only living parent is also dead, a parent's will should always appoint a guardian and separate trustees to avoid the state needing to appoint someone.

Do step-children inherit automatically?

No. Step-children who have not been legally adopted have no automatic right to inherit under either a parent's will (if they are not named) or the intestacy rules. They are treated as legal strangers to the deceased's estate for inheritance purposes. If a step-parent wishes their step-children to inherit, they must include them in their will by name. Step-children can, however, bring a claim under the Inheritance Act 1975 if they were treated as a child of the family by the deceased — for example, if the deceased raised them financially and practically as their own child.

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