Who inherits if you die without a will in the UK?

In England and Wales, the intestacy rules (Administration of Estates Act 1925) determine who inherits. If you are survived by a spouse or civil partner and children: your spouse receives all personal possessions plus the first £322,000 (the statutory legacy); the remaining estate is split 50/50 between your spouse and your children equally. If there are no children, your spouse inherits everything. If there is no spouse, everything goes to children equally, then parents, then siblings — in a strict priority order.

Does a cohabiting partner inherit under the intestacy rules?

No. There is no 'common law marriage' in England and Wales — it is a legal myth. An unmarried cohabiting partner receives nothing under the intestacy rules, regardless of how long the relationship has lasted. They have no automatic right to the family home either. Without a will, the only legal protection for a cohabiting partner is to make an Inheritance Act 1975 claim in court, which is expensive, uncertain, and emotionally damaging for the family.

What is the £322,000 statutory legacy in intestacy?

The statutory legacy is the fixed sum a surviving spouse or civil partner receives off the top of the estate before anything is shared with children. As of 2026, it stands at £322,000. If the estate is worth £322,000 or less, the spouse takes everything and children inherit nothing. If the estate exceeds £322,000, children share half the surplus equally (the other half goes to the spouse). The statutory legacy is periodically increased by the government and was last updated in February 2020.

Do stepchildren inherit under intestacy?

No — stepchildren who were not legally adopted by the deceased cannot inherit under the intestacy rules. Only biological children and legally adopted children are included. If you want to provide for stepchildren, you must make a will. This is one of the most common reasons blended families are left in serious financial difficulty after a death.

What happens to a jointly owned home when someone dies intestate?

It depends on how the property was owned. If owned as joint tenants, the property passes automatically to the surviving co-owner by survivorship — regardless of the intestacy rules and outside the estate entirely. If owned as tenants in common, the deceased's share forms part of the estate and passes under the intestacy rules (which could mean children — including from prior relationships — have a legal claim to a share of the property the surviving partner lives in).

Can you make a will after someone has already died?

No — a will must be made by the person while they are alive and have mental capacity. After death, it is too late to make a will. However, beneficiaries who inherit under the intestacy rules can redirect their inheritance to someone else using a deed of variation within 2 years of death. HMRC treats the variation as if it was made by the deceased, so no new IHT clock starts. This can help correct the most harmful outcomes of intestacy, but it requires all affected beneficiaries to agree.

What is the intestacy priority order in England and Wales?

The Administration of Estates Act 1925 sets a strict priority order: (1) spouse or civil partner; (2) children (equally); (3) parents; (4) full siblings; (5) half-siblings; (6) grandparents; (7) full aunts and uncles; (8) half-aunts and uncles; (9) the Crown (bona vacantia) if no relatives qualify. Each category only inherits if no one in the category above them survives the deceased. Cohabiting partners, step-relatives, friends, and charities receive nothing under intestacy — only a will can include them.

Intestacy Rules UK (2026): Who Inherits When There Is No Will?

What is intestacy?

Intestacy is the legal term for dying without a valid will. In England and Wales, the Administration of Estates Act 1925 (as amended) sets out the "intestacy rules" — a fixed hierarchy that determines who inherits your estate if you leave no valid will, or if your will does not dispose of all your assets.

The intestacy rules apply regardless of your personal wishes, your family circumstances, or how long you lived with a partner. They cannot be varied by verbal promises or written notes — only a properly executed will can override them.

Around 60% of UK adults have no valid will

This means their estates are distributed under the intestacy rules — often in ways that shock their families, particularly where unmarried partners or stepchildren are involved.

The intestacy priority order in England and Wales

The intestacy rules follow a strict waterfall: each tier only inherits if no one in the tier above survived the deceased.

Priority	Who inherits	What they receive
1st	Spouse/civil partner + children	Spouse: all personal possessions + £322,000 + half the surplus. Children: share other half of surplus equally
2nd	Spouse/civil partner only (no children)	Everything
3rd	Children only (no spouse)	Equally between all children
4th	Parents	Equally between both parents
5th	Full siblings (or their children)	Equally between all full siblings
6th	Half-siblings (or their children)	Equally between all half-siblings
7th	Grandparents	Equally between all grandparents
8th	Full aunts and uncles (or their children)	Equally
9th	Half-aunts and uncles (or their children)	Equally
10th	The Crown (bona vacantia)	Entire estate if no eligible relatives

Note: cohabiting partners, stepchildren (not adopted), friends, and charities do not appear in the table because they receive nothing under intestacy.

The £322,000 statutory legacy: worked examples

The statutory legacy (£322,000 in 2026) is the amount a surviving spouse or civil partner takes off the top of the estate before any sharing with children begins.

Example A: £300,000 estate

Spouse receives: all personal possessions + £300,000 (entire estate)
Children receive: £0 (estate below statutory legacy)

Example B: £500,000 estate, 2 children

Spouse receives: all personal possessions + £322,000 + £89,000 (half of £178,000 surplus)
Each child receives: £44,500 (quarter of surplus)

For most UK estates (average house price: ~£285,000), the surviving spouse takes everything — but in higher-value estates, children receive a share immediately. This can create significant problems in blended families where children from a previous relationship have a legal claim to money the surviving partner needs to live on.

Who the intestacy rules exclude

Cohabiting partners

Zero inheritance — regardless of relationship length. There is no 'common law marriage' in England and Wales. This is the most common intestacy shock. Without a will, the only legal recourse is an Inheritance Act 1975 claim in court — expensive, uncertain, and usually settled for less than a will would have provided.

Stepchildren (not legally adopted)

Zero inheritance under intestacy. Biological or legally adopted children inherit; stepchildren do not — even if raised from infancy. In blended families, this can mean one set of children inherits everything while another receives nothing.

Friends and close companions

No matter how close the relationship, friends have no intestacy rights. Only a will can leave assets to a friend.

Charities

Charitable legacies cannot arise under intestacy — only a will can leave money to a charity. Note: a 10%+ charitable bequest in a will reduces the IHT rate from 40% to 36%.

Former spouses

A decree absolute of divorce removes a former spouse from inheritance rights. However, until the decree absolute is granted, a legally separated-but-not-divorced spouse may still have intestacy rights.

What a will changes

A valid will completely overrides the intestacy rules. With a will you can:

Leave your estate to your cohabiting partner
Provide equally for children from all relationships
Exclude family members you have no relationship with
Leave a charitable legacy (and potentially reduce IHT to 36%)
Appoint guardians for children under 18
Create trusts to protect vulnerable beneficiaries or preserve inheritance for your children after a second marriage
Choose your executors — people you trust to carry out your wishes

A WillSafe UK will takes approximately 30 minutes to complete using our plain-English template. It is designed to comply with s.9 Wills Act 1837 — the formal execution requirements for a valid will in England and Wales.

Frequently asked questions

Who inherits if you die without a will in the UK?: In England and Wales, the intestacy rules (Administration of Estates Act 1925) determine who inherits. If you are survived by a spouse or civil partner and children: your spouse receives all personal possessions plus the first £322,000 (the statutory legacy); the remaining estate is split 50/50 between your spouse and your children equally. If there are no children, your spouse inherits everything. If there is no spouse, everything goes to children equally, then parents, then siblings — in a strict priority order.
Does a cohabiting partner inherit under the intestacy rules?: No. There is no 'common law marriage' in England and Wales — it is a legal myth. An unmarried cohabiting partner receives nothing under the intestacy rules, regardless of how long the relationship has lasted. They have no automatic right to the family home either. Without a will, the only legal protection for a cohabiting partner is to make an Inheritance Act 1975 claim in court, which is expensive, uncertain, and emotionally damaging for the family.
What is the £322,000 statutory legacy in intestacy?: The statutory legacy is the fixed sum a surviving spouse or civil partner receives off the top of the estate before anything is shared with children. As of 2026, it stands at £322,000. If the estate is worth £322,000 or less, the spouse takes everything and children inherit nothing. If the estate exceeds £322,000, children share half the surplus equally (the other half goes to the spouse). The statutory legacy is periodically increased by the government and was last updated in February 2020.
Do stepchildren inherit under intestacy?: No — stepchildren who were not legally adopted by the deceased cannot inherit under the intestacy rules. Only biological children and legally adopted children are included. If you want to provide for stepchildren, you must make a will. This is one of the most common reasons blended families are left in serious financial difficulty after a death.
What happens to a jointly owned home when someone dies intestate?: It depends on how the property was owned. If owned as joint tenants, the property passes automatically to the surviving co-owner by survivorship — regardless of the intestacy rules and outside the estate entirely. If owned as tenants in common, the deceased's share forms part of the estate and passes under the intestacy rules (which could mean children — including from prior relationships — have a legal claim to a share of the property the surviving partner lives in).
Can you make a will after someone has already died?: No — a will must be made by the person while they are alive and have mental capacity. After death, it is too late to make a will. However, beneficiaries who inherit under the intestacy rules can redirect their inheritance to someone else using a deed of variation within 2 years of death. HMRC treats the variation as if it was made by the deceased, so no new IHT clock starts. This can help correct the most harmful outcomes of intestacy, but it requires all affected beneficiaries to agree.
What is the intestacy priority order in England and Wales?: The Administration of Estates Act 1925 sets a strict priority order: (1) spouse or civil partner; (2) children (equally); (3) parents; (4) full siblings; (5) half-siblings; (6) grandparents; (7) full aunts and uncles; (8) half-aunts and uncles; (9) the Crown (bona vacantia) if no relatives qualify. Each category only inherits if no one in the category above them survives the deceased. Cohabiting partners, step-relatives, friends, and charities receive nothing under intestacy — only a will can include them.

Don't leave your estate to chance

A WillSafe UK will overrides the intestacy rules completely — so your estate goes to the people you choose, not the people the law picks. Download, customise, sign, and witness in under an hour.

Single Will Kit — £20 Essentials Bundle (Will + LPA) — £50

Related guides

This article is for general information only and does not constitute legal advice. WillSafe UK is not a firm of solicitors. Laws described apply to England and Wales only. Always consult a qualified solicitor for advice specific to your circumstances.