Surviving Spouse Rights Under Intestacy UK (2026): What You Inherit Without a Will

Under the intestacy rules in England and Wales (Administration of Estates Act 1925 as amended), what the surviving spouse inherits depends entirely on whether the deceased had surviving children, grandchildren, or other lineal descendants: (1) Deceased had surviving children (or grandchildren or other lineal descendants): the surviving spouse inherits (a) all personal chattels absolutely — broadly, all personal and household effects (furniture, jewellery, vehicles, clothing, collectibles) as defined in AEA 1925 s.55 — these pass free of any statutory legacy threshold; (b) a statutory legacy of £322,000 (the current 2024 figure — reviewed by the Lord Chancellor and updated periodically); and (c) half the residue absolutely (the other half is divided equally between the children — or their descendants if they have predeceased). The surviving spouse's total is therefore: all chattels + £322,000 + 50% of whatever remains after the £322,000 is paid; (2) Deceased had no surviving children (or grandchildren or other lineal descendants): the surviving spouse inherits the entire estate absolutely — no cap, no division with other relatives. The deceased's parents, siblings, and more distant relatives receive nothing; (3) 'Surviving' means surviving by the survivorship period: to benefit, the spouse must survive the deceased for 28 days (AEA 1925 s.46(2A)). If the spouse dies within 28 days of the deceased, the intestacy is treated as if the spouse predeceased, and the estate passes as if there were no surviving spouse.

The statutory legacy is a fixed cash sum that the surviving spouse is entitled to receive from the estate before any assets are shared with the children under the intestacy rules: (1) Current amount: £322,000 (set by The Intestate Succession (Interest and Capitalisation) (Amendment) Order 2020 — the Lord Chancellor has power to update this periodically). Any future increase applies to deaths on or after the date the order comes into force; (2) What it covers: the statutory legacy is paid from the estate assets after funeral expenses and debts. It is a first charge — paid before the residue is divided; (3) Interest: if the statutory legacy is not paid promptly, it carries interest at the Bank of England base rate + 2% from the date of death until payment; (4) If the estate is worth less than £322,000: the surviving spouse inherits the entire estate (there is nothing left for the statutory legacy or the residue). The statutory legacy only matters where the residuary estate (after chattels and debts) exceeds £322,000; (5) Payment: the personal administrator (equivalent to executor for an intestate estate — appointed on a grant of letters of administration) pays the statutory legacy from liquid assets or the proceeds of asset sales; (6) IHT: assets inherited by a surviving spouse or civil partner from a UK-domiciled deceased are exempt from IHT (IHTA 1984 s.18 — the spouse exemption). The full estate passes IHT-free on first death if the entire estate goes to the surviving spouse.

The intestacy rules in England and Wales do not distinguish between children from the current marriage, children from previous relationships, or children born outside marriage — all 'children of the deceased' have equal entitlement: (1) Blended family risk: if your spouse dies intestate with children from a previous relationship, those children share the residue equally with any children from the current relationship. The surviving spouse receives all chattels + £322,000 + half the residue; the other half of the residue goes equally to all the deceased's children (including the step-parent's children who are also the deceased's natural children, and the children from previous relationships); (2) Example: spouse dies with a £750,000 estate (no mortgage). Survivors: current spouse + 2 children from previous marriage + 1 shared child (3 children total). The spouse receives all chattels (say £40,000) + £322,000 statutory legacy + 50% of £388,000 residue (= £194,000). Total spouse: £556,000. The 3 children share the other 50% of the residue (£194,000), i.e., £64,666 each. If the children are minors, their share is held in a statutory trust until they reach 18; (3) The step-parent problem: the surviving spouse is legally a step-parent to children from the deceased's previous relationship. These children have an equal intestacy share with the step-parent's own children. If the main asset is the family home and the estate cannot pay the statutory legacy without selling it, the children from the previous relationship could force a sale; (4) The will solution: a professionally drafted will with a life interest trust for the surviving spouse (with capital passing to children on the second death) protects the surviving spouse while preserving the children's ultimate inheritance.

Yes — civil partners registered under the Civil Partnership Act 2004 have exactly the same intestacy rights as married spouses under the Administration of Estates Act 1925 (as amended by the Civil Partnership Act 2004): (1) Same statutory legacy: £322,000 + personal chattels + 50% residue (if children) or 100% of estate (if no children). No distinction in the rules; (2) 28-day survivorship requirement: same as married spouses; (3) IHT spouse exemption: transfers between civil partners are fully exempt from IHT under IHTA 1984 s.18 (the same provision that covers married couples); (4) Only formal registration counts: a long-term same-sex partner who has not legally registered their civil partnership or marriage has no intestacy rights — regardless of the length of the relationship, shared mortgage, or children together. This is the same position as opposite-sex cohabiting couples; (5) Dissolution = divorce equivalent: if the civil partnership has been legally dissolved (equivalent to divorce), the surviving former civil partner has no intestacy rights — the dissolution is treated equivalently to a divorce.

No — under the intestacy rules in England and Wales, a cohabiting partner (unmarried, not in a registered civil partnership) inherits absolutely nothing under the intestacy rules, regardless of: (1) How long they have lived together — 5 years, 20 years, or a lifetime together gives no intestacy right; (2) Whether they have children together — their shared children will inherit (under the intestacy rules as the deceased's children), but the partner personally receives nothing; (3) Whether they own the family home together — the shared home passes by survivorship if it was held as joint tenants, or by intestacy rules if held as tenants in common; (4) Whether they were financially dependent on the deceased. The intestacy is clear: no ring, no rights. The estate of a cohabiting person who dies without a will passes in this order: (a) surviving children in equal shares; (b) parents; (c) siblings; (d) half-siblings; (e) grandparents; (f) aunts/uncles; (g) half-aunts/uncles; (h) Crown (bona vacantia). None of these steps include a cohabiting partner. Options for the surviving partner: (a) Inheritance Act 1975 claim (s.1(1A)): if they cohabited with the deceased for 2+ years immediately before the death, they can apply for 'such financial provision as it would be reasonable in all the circumstances for a husband or wife to receive' — the higher 'as if married' standard. There is a strict 6-month time limit from the date of the grant; (b) Trust/proprietary estoppel: if the deceased made promises about the property or the partner contributed to purchase, a beneficial interest claim may exist; (c) Joint tenancy: survivorship operates automatically outside the estate. The most important protection is a will — which takes 30 minutes and costs from £35.