Statutory Legacy on Intestacy UK 2024: What a Surviving Spouse Inherits

Updated: 16 May 2026 • Reading time: 7 min

If you die without a will in England and Wales, the intestacy rules determine who inherits your estate. For married couples and civil partners with children, the outcome can be very different from what most people assume — and the statutory legacy of £322,000 (from July 2023) may leave your family in a difficult position.

What Is the Statutory Legacy?

The statutory legacy is the fixed sum that a surviving spouse or civil partner receives outright from the estate when a person dies intestate (without a will) and leaves both a spouse/civil partner and children. It was increased to £322,000 on 26 July 2023 under the Intestates’ Estates Act 1952 (as amended). The Lord Chancellor reviews the amount periodically.

Alongside the statutory legacy, the surviving spouse automatically receives all of the deceased’s personal chattels — household goods, furniture, jewellery, vehicles, and similar personal possessions — regardless of their value.

How the Estate Is Divided on Intestacy

When a person dies with a surviving spouse and children, the Administration of Estates Act 1925 divides the net estate as follows:

Worked Example

Suppose the net estate (after debts) is worth £700,000, with no jointly-owned property or other assets passing outside the estate. There is a surviving spouse and two children.

• Surviving spouse receives: personal chattels + £322,000
• Remainder: £700,000 − £322,000 = £378,000
• Spouse’s half of remainder: £189,000
• Children’s half of remainder: £189,000 (£94,500 each)
• Spouse’s total (cash, excluding chattels): £322,000 + £189,000 = £511,000

If the main asset is the family home worth £600,000, the children’s entitlement of £189,000 may force a sale — even if the surviving spouse wants to stay in the property.

No Children: Spouse Inherits Everything

If the deceased leaves a surviving spouse or civil partner and no children or other descendants, the surviving spouse inherits the entire estate absolutely. There is no statutory legacy calculation — parents, siblings, and other relatives receive nothing.

The Intestacy Order for Other Relatives

If there is no surviving spouse, the estate passes to the first class of relatives who survive the deceased, in this order:

1. Children (or their descendants if a child has died)
2. Parents
3. Siblings of the whole blood (or their children)
4. Siblings of the half blood (or their children)
5. Grandparents
6. Uncles and aunts of the whole blood (or their children)
7. Uncles and aunts of the half blood (or their children)
8. The Crown (bona vacantia) if no relatives survive

Cohabiting Partners Receive Nothing

One of the most serious consequences of dying without a will is for cohabiting couples. No matter how long the relationship — 10, 20, or 30 years — a cohabiting partner has no automatic right to inherit under the intestacy rules. The estate passes to blood relatives instead. The only routes to provision for a cohabitant are:

• A valid will naming them as a beneficiary
• Jointly owned property passing by survivorship (if held as joint tenants)
• A claim under the Inheritance Act 1975 (if they lived together for 2+ years)

Assets Outside the Intestacy Rules

Not all assets form part of the estate subject to the intestacy rules:

• Joint tenancy property — passes to the surviving joint owner automatically by right of survivorship, outside the estate
• Life insurance in trust — proceeds go to the trust beneficiaries, not into the estate
• Pension death benefits — paid at the scheme trustees’ discretion, informed by a nomination of beneficiaries form
• ISAs — from 2015, Additional Permitted Subscriptions allow a surviving spouse to inherit the ISA wrapper, but the capital still passes under intestacy or the will

Frequently Asked Questions