Do Grandparents Inherit UK (2026)? Grandparents & the Intestacy Rules

Yes, but only if all of the following relatives have also died before the deceased: any surviving spouse or civil partner, children (or grandchildren by substitution), parents, and brothers and sisters (and their children by substitution). Grandparents are the sixth category in the statutory intestacy order under the Administration of Estates Act 1925. In practice, grandparents rarely inherit under intestacy because in most cases at least one closer relative survives. If there are multiple surviving grandparents, they share the estate equally — all four can inherit together (or two, or one, depending on who is still alive). If a grandparent has already died, their share does not pass to their own children (the deceased's aunts and uncles) — aunts and uncles are a separate and lower category in the intestacy order.

The Administration of Estates Act 1925 (as amended) sets out the statutory order in England and Wales: (1) Surviving spouse or civil partner (who takes a statutory legacy of £322,000 plus half the residue, or the whole estate if there are no children); (2) Children (and grandchildren by substitution if a child has predeceased); (3) Parents; (4) Brothers and sisters of the whole blood (and their children by substitution); (5) Brothers and sisters of the half blood (and their children by substitution); (6) Grandparents; (7) Uncles and aunts of the whole blood (and their children by substitution); (8) Uncles and aunts of the half blood (and their children by substitution); (9) The Crown (bona vacantia). Each category is exhausted before moving to the next — so if one surviving parent exists, grandparents inherit nothing under intestacy.

If grandparents are the only surviving relatives, they take the entire estate equally between them. There is no fixed 'grandparent share' — they take everything that remains after debts, funeral expenses, and administration costs have been paid. If the deceased was married or in a civil partnership, the spouse typically takes the whole estate (if there are no surviving children), so grandparents inherit nothing. If the deceased had no spouse or children but had surviving parents, the parents take the whole estate and grandparents inherit nothing. Grandparents only inherit when no closer relative in categories 1–5 survives. Between surviving grandparents (whether two, three, or four), the estate is divided equally.

Unlike the rules for children (where a deceased child's share passes to their own children — the grandchildren of the intestate — by substitution), there is no substitution mechanism below the parents and siblings tier in the main intestacy order. If one grandparent has already died, their share passes to the other surviving grandparents — it does not pass to the deceased grandparent's own children (the aunts and uncles of the intestate). Aunts and uncles are listed separately in category 7, only relevant when no grandparents survive. This means, for example, if only one of the four grandparents survives, that grandparent takes the whole estate — the families of the three deceased grandparents receive nothing from the intestacy.

Yes. A will allows you to leave your estate to whoever you choose, regardless of the intestacy rules. You can make a specific gift to one or more grandparents, leave them a percentage of your estate, or include them as a residuary beneficiary. If you want grandparents to inherit, the only safe way to ensure it is with a will. If you die without a will and closer relatives survive, grandparents inherit nothing regardless of your wishes. One practical consideration: grandparents may predecease you — include a substitution clause directing what happens to their share if they die before you (e.g. to the residuary estate or to other named relatives). Update your will after a grandparent dies to avoid partial intestacy.

No. The statutory legacy (currently £322,000 under the Intestacy (Spouse's Statutory Legacy) Order 2023) applies only to a surviving spouse or civil partner. It does not apply to grandparents or any other class of relatives. Grandparents only receive a share if they are the highest-ranking surviving category in the intestacy order, in which case they take the whole net estate (no statutory legacy deduction applies). The statutory legacy concept is only relevant where there is both a surviving spouse and surviving children — in which case the spouse takes £322,000 plus half the residue, and the children take the other half of the residue.

A grandparent is not automatically entitled to apply for provision under the Inheritance (Provision for Family and Dependants) Act 1975 simply because of their relationship. To make a 1975 Act claim, they must either: (1) be a person who, immediately before the death, was maintained by the deceased (i.e. the deceased was contributing to the grandparent's reasonable needs); or (2) fall within another qualifying category (e.g. former spouse, cohabitant). A grandparent who relied financially on their grandchild — perhaps because the grandchild was paying their care home fees or living expenses — could have a claim as a dependant. However, the threshold is high, and the court must be satisfied that the deceased's failure to make provision was not 'reasonable' in all the circumstances.