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Dying Without a Will: UK Intestacy Rules 2026 (Who Inherits)

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Checked against legislation.gov.uk, GOV.UK and nidirect. Edited by Steven Butler.

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If you die without a will, the law decides who gets what. The rules follow a set order that can produce results most people would not choose. This guide covers who inherits in England and Wales, Scotland and Northern Ireland, and who is left out.

Key points
  • ✓If you die without a will, the law decides who gets what.
  • ✓A surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit, and stepchildren are not counted as children unless legally adopted.
  • ✓In England and Wales, a spouse or civil partner with children takes the personal possessions, the first £322,000 and half of the rest.
  • ✓In Scotland, prior rights come first, and legal rights are calculated on the net moveable estate that remains after them.
  • ✓A will lets you decide what happens to your money, property and possessions after your death.

England & Wales, the intestacy rules

Who inherits depends on whether there is a surviving spouse or civil partner, and whether there are children.

SituationWho inherits
Spouse or civil partner, no childrenThe spouse or civil partner inherits the whole estate, as long as they survive the deceased by at least 28 days.
Spouse or civil partner and childrenThe spouse or civil partner takes the personal possessions, the first £322,000 and half of the rest. The other half is shared between the children.
Children, no spouse or civil partnerThe children inherit equally, each taking their share on reaching 18, or on marrying or forming a civil partnership under that age.
No spouse, civil partner or childrenThe estate goes to the parents, then if there is no parent to brothers and sisters, then half-brothers and half-sisters, then grandparents, then uncles and aunts. If nobody takes, the estate belongs to the Crown as bona vacantia.
The £322,000 is the fixed net sum set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, in force from 26 July 2023.

Who misses out, the people the rules forget

A surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit.

People who get nothing automatically under the rules include:

  • No: A partner who was not married to, or in a civil partnership with, the deceased
  • No: Stepchildren, because children include legally-adopted sons or daughters but not stepchildren

Someone left out who depended on the deceased may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. That covers a spouse or civil partner, a former spouse or civil partner who has not remarried, a partner who lived with the deceased as a couple for the two years immediately before the death, a child, someone treated as a child of the family, and anyone the deceased was substantially maintaining. An application must not, except with the permission of the court, be made after six months from the date on which representation is first taken out. Our cohabitation agreements guide explains what unmarried partners can do.

Scotland, a different system

Scotland has its own rules, and the estate is divided in stages:

  • Prior rights: a surviving spouse or civil partner can claim the home up to £473,000, furnishings up to £29,000 and a cash sum of £89,000, or £50,000 if there are children
  • Legal rights are calculated by reference to the net moveable estate that remains after those prior rights claims
  • Where the intestate is survived by children, they have right to the whole of the intestate estate
  • Where there are no children and no prior relative, the surviving spouse or civil partner has right to the whole of the intestate estate; otherwise the estate passes to parents and brothers and sisters, brothers and sisters, parents, and then uncles, aunts and grandparents
Since 30 April 2024, where someone in Scotland dies intestate survived by a spouse or civil partner but no prior relative, the surviving spouse or civil partner inherits the whole intestate estate. A Scottish cohabitant is not automatically provided for, but can apply to the court for a discretionary share of the net intestate estate within 6 months of the death.

Northern Ireland

Northern Ireland has its own intestacy rules, set out by nidirect:

  • The amounts are for Northern Ireland deaths on or after 1 January 2008
  • If the deceased was married or in a civil partnership and had an estate worth £250,000 or less, everything goes to the husband, wife or civil partner
  • Over £250,000, the spouse or civil partner receives personal items, £250,000 free of tax (£450,000 if there are no children) and the interest, and then one-half of any residue if there is one child or one-third if there is more than one
  • With no surviving spouse or civil partner, the estate goes to surviving children in equal shares, then to parents, brothers and sisters, grandparents and aunts and uncles in turn, and to the Crown if there are none of those
  • If you were living with the deceased as a partner but were not married or in a civil partnership, you will need to show that you have been maintained either wholly or partly by the deceased

The simple fix

Your will lets you decide what happens to your money, property and possessions after your death. GOV.UK says your will should set out who you want to benefit from your will, who should look after any children under 18, and who is going to sort out your estate (your executor). See how to make a will for the steps. Our probate guide explains how an estate is administered.

Where to go next

Wills and probate
How to Make a Will
Step-by-step, so the intestacy rules never apply to you.
Wills, Overview
Why a will matters and how to keep it valid.
Probate
How an estate is administered, with or without a will.
Probate Search
How to search for a grant of probate or a will in England and Wales, and where to look in Scotland and Northern Ireland.

Frequently asked questions

What happens if you die without a will in England and Wales?

If you die without a will, the law decides who gets what. With a spouse or civil partner and no children, the spouse or civil partner inherits the whole estate, as long as they survive the deceased by at least 28 days. With a spouse or civil partner and children, the spouse or civil partner takes the personal possessions, the first £322,000 and half of the rest, with the other half shared between the children. With children and no spouse or civil partner, the children inherit equally.

Does my partner inherit if we're not married and I have no will?

No. A surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit. In England and Wales a partner who lived with the deceased as a couple for the two years immediately before the death may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, within six months from the date on which representation is first taken out. In Scotland a surviving cohabitant can apply to the court for a discretionary share within 6 months of the death.

What is the statutory legacy?

The statutory legacy is the fixed net sum charged to the residuary estate in favour of the surviving spouse or civil partner where a person dies intestate leaving issue. It is £322,000, set by an Order in force from 26 July 2023. The spouse or civil partner also takes the personal possessions and half of the rest, with the other half shared between the children.

Who inherits if there's no will and no family?

In England and Wales the estate goes to the parents, then brothers and sisters, then half-brothers and half-sisters, then grandparents, then uncles and aunts. In default of any person taking, the estate belongs to the Crown as bona vacantia, which GOV.UK says is the name given to ownerless property, which by law passes to the Crown.

Related guides

Cohabitation Agreements
Why unmarried partners have no automatic right to inherit and what to do about it.
Power of Attorney in Scotland, England and Northern Ireland
Plan for loss of capacity, not just death.
Lasting Power of Attorney
The two types of LPA, what attorneys can and cannot do, and how an LPA is registered.
Inheritance Tax
Part of our Wills and probate guides.
Will Planner
Our free will planner: work through your executors, guardians, gifts and who inherits, then print a clear summary and...
What to Do When Someone Dies
A UK checklist for what to do when someone dies: get the death confirmed, register it, use Tell Us Once, arrange the...

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https://www.knowyourrightsuk.com/wills/dying-without-a-will
Know Your Rights UK. "Dying Without a Will: UK Intestacy Rules 2026 (Who Inherits)." Know Your Rights UK, https://www.knowyourrightsuk.com/wills/dying-without-a-will