What Happens If You Die Without a Will in England and Wales
If you die without a valid will in England or Wales, the law decides who inherits your estate. You do not get a say. Your wishes, however clear they were in life, carry no legal weight. The rules that apply are called the intestacy rules, and they follow a rigid formula that often surprises families.
What are the intestacy rules?
The intestacy rules are set out in the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014). They create a strict order of priority for who inherits your estate when you die without a will. The rules apply in England and Wales only. Scotland and Northern Ireland have separate systems.
The rules were last significantly updated in October 2014. The key change raised the statutory legacy (the fixed sum a surviving spouse receives before any share goes to children) from £250,000 to its current level. As of 26 July 2023, the statutory legacy is £322,000.
Who inherits what: intestacy distribution table
The table below shows who inherits under the intestacy rules depending on your family situation. "Spouse" includes a married husband or wife and a civil partner, but not an unmarried partner.
| Your family situation | Who inherits |
|---|---|
| Spouse, no children | Spouse inherits everything |
| Spouse and children | Spouse receives all personal possessions, the first £322,000 (statutory legacy), and half of the remainder. Children share the other half equally |
| Children, no spouse | Children share everything equally. If a child has died, their children (your grandchildren) inherit their share |
| No spouse, no children | Estate passes in this strict order: (1) parents, (2) siblings (or their children), (3) half-siblings (or their children), (4) grandparents, (5) aunts/uncles (or their children), (6) half-aunts/half-uncles (or their children) |
| Unmarried partner, no will | Partner inherits nothing under the intestacy rules, regardless of how long you have lived together |
| No surviving relatives at all | The entire estate passes to the Crown (bona vacantia) |
Note: "Children" means biological and legally adopted children. Stepchildren are not included unless formally adopted.
Common misconceptions about dying without a will
"My partner will get everything anyway"
Only if you are married or in a civil partnership. Unmarried partners have no automatic right to inherit under the intestacy rules. It does not matter if you have lived together for 30 years, own a home together, or have children together. Without a will, your estate goes to your children, parents, or siblings before your partner.
"Common-law marriage protects us"
There is no such thing as "common-law marriage" in England and Wales. The concept has no legal status. Cohabiting couples have fewer rights than married couples in almost every area of law, including inheritance. The only reliable protection for an unmarried partner is a will.
"My children will sort it out fairly between themselves"
The intestacy rules divide assets according to a formula. Your children cannot simply "agree" to a different split unless they execute a formal Deed of Variation within two years of your death, which requires legal advice, costs money, and all beneficiaries must agree. Family disagreements are common, especially when there is no will to refer to.
"Everything will go to my spouse, so it's fine"
Only if you have no children. If you do have children and your estate is worth more than £322,000 (which is easily reached if you own a property), your spouse does not inherit everything. They receive the personal possessions and the statutory legacy, but your children are entitled to half of anything above that threshold.
"I don't have enough to worry about"
A will is not just about money. It is how you appoint guardians for your children under 18, name the person you trust to administer your estate (your executor), and leave instructions for your funeral. Without a will, the court decides who looks after your children, and administration of your estate falls to whichever relative has priority under the rules, even if they are the last person you would have chosen.
The real cost of dying without a will
When someone dies without a will, their next of kin must apply for a Grant of Letters of Administration (instead of a Grant of Probate). This process is often slower and more bureaucratic. The administrator must also provide a surety bond in many cases, which adds cost.
Common costs and consequences include:
- •Legal fees for the Grant of Letters of Administration (typically £1,000 to £5,000+)
- •Administrator bond premiums
- •Family disputes and potential court claims under the 1975 Act
- •Delays in distributing the estate (months or even years)
- •Assets going to people you did not intend to benefit
- •No guardianship appointment for your children
A Single Will Kit costs £39.99. The cost of sorting out an intestate estate can easily exceed £5,000 in legal fees alone, before you account for the emotional toll on your family.
How to fix it: make a will
The only way to ensure your estate goes to the people you choose is to make a valid will. In England and Wales, you do not need a solicitor to do this. A DIY will kit gives you a professionally drafted template and step-by-step instructions. You fill it in, sign it with two witnesses, and store it safely.
A will lets you:
- ✓Choose exactly who inherits your estate
- ✓Appoint guardians for your children under 18
- ✓Name your executor (the person you trust to carry out your wishes)
- ✓Leave gifts to friends, charities, and unmarried partners who would get nothing under intestacy
- ✓Record your funeral wishes
- ✓Make the probate process faster and cheaper for your family
Frequently asked questions
What does 'dying intestate' mean?+
Dying intestate means dying without a valid will. When this happens, the law decides who inherits your estate according to a fixed set of rules called the intestacy rules, set out in the Administration of Estates Act 1925 (as amended). You have no say in how your assets are distributed.
Does my partner inherit if we're not married and I have no will?+
No. Unmarried partners (cohabitees) have no automatic right to inherit under the intestacy rules, regardless of how long you have lived together or whether you have children together. The only way to ensure your partner inherits is to make a will. An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is expensive, uncertain, and takes months or years.
Do stepchildren inherit under the intestacy rules?+
No. Stepchildren are not recognised under the intestacy rules unless they have been legally adopted. Only biological and legally adopted children inherit. If you want your stepchildren to inherit, you must say so in a will.
What happens if I die without a will and have no surviving relatives?+
If no relatives can be traced under the intestacy rules, your entire estate passes to the Crown (known as 'bona vacantia'). The Treasury Solicitor manages these estates in England and Wales. Friends, charities, and unmarried partners receive nothing.
Can I challenge the intestacy rules?+
You cannot change the intestacy rules themselves, but certain people can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 if the intestacy rules do not make reasonable financial provision for them. Eligible applicants include spouses, former spouses who have not remarried, cohabitees, children, and anyone who was financially maintained by the deceased. Court claims are expensive and uncertain. Making a will is far simpler.
How much does it cost to sort out an estate with no will?+
Administering an intestate estate is typically slower and more expensive than one with a will. The administrator must apply for a Grant of Letters of Administration (instead of probate), which follows stricter rules about who can apply. Legal and administrative costs can easily run into thousands of pounds, compared to the cost of a DIY will kit.
Don't leave it to the intestacy rules
A will takes an afternoon to complete and costs a fraction of what your family would spend sorting out an intestate estate. Our kits are drafted in accordance with the Wills Act 1837 for England and Wales.
Self-help information only. WillSafe UK is a trading name of WSC Group Ltd. We are not solicitors and we do not provide legal advice. This guide is for general informational purposes only and covers the law in England & Wales. The intestacy rules are set out in the Administration of Estates Act 1925 (as amended). For complex estates, blended families, business assets or foreign property, please speak to a qualified solicitor. See our full disclaimer.