Dying Without a Will: Who Inherits Under the Intestacy Rules
If you die without a valid will, you die 'intestate', and the law, not you, decides who inherits. The rules follow a strict order that often produces results most people would never choose. Here's exactly how it works across the UK.
- ✓No will means the intestacy rules, not you, decide who inherits
- ✓Unmarried partners and unadopted stepchildren inherit nothing
- ✓England & Wales: spouse takes possessions, first £322,000, plus half the remainder
- ✓Scotland uses Prior Rights, Legal Rights, then the free estate
- ✓A will is the simple fix, it lets you provide for whoever you choose
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
England & Wales, the intestacy rules
Who inherits depends on whether there is a surviving spouse or civil partner, and whether there are children:
Who misses out, the people the rules forget
People who get nothing automatically include:
- ✓A partner you live with but aren't married to or in a civil partnership with
- ✓Stepchildren you haven't legally adopted
- ✓Close friends, carers, or anyone outside the bloodline order
- ✓Charities you may have wanted to support
Someone left out who depended on the deceased may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that means going to court, which is stressful and expensive. A will avoids it.
Scotland, a different system
Scotland has its own rules, with the estate divided in three 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 (£89,000, or £50,000 if there are children)
- ✓Legal Rights, the spouse/civil partner and children have protected shares of the 'moveable' estate (money and possessions), which can't be disinherited
- ✓The rest (the 'free estate') then passes down an order of relatives
Northern Ireland
Northern Ireland has its own intestacy rules, broadly similar in structure to England and Wales but with different figures and shares for a surviving spouse and children. As everywhere in the UK, unmarried partners do not inherit automatically. Check the current NI rules at nidirect.gov.uk if you're dealing with an estate.
The simple fix
Every problem on this page is solved by making a will. It lets you provide for an unmarried partner, protect stepchildren, choose guardians for your children, and avoid the rigid order the law would otherwise impose.
See how to make a will, it's more straightforward than most people think.
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
What happens if you die without a will in England and Wales?
You die intestate and the intestacy rules decide who inherits. If you have a spouse or civil partner and children, the spouse takes the personal possessions, the first £322,000 and half the remainder, and the children share the other half. With a spouse but no children, the spouse inherits everything. With children but no spouse, the children inherit equally. Unmarried partners and stepchildren inherit nothing.
Does my partner inherit if we're not married and I have no will?
No. Under the intestacy rules across the UK, an unmarried or cohabiting partner has no automatic right to inherit, no matter how long you've been together or whether you have children. The only way to provide for a partner you're not married to is to make a will (in Scotland a cohabitant can also apply to court within 6 months, but this is discretionary).
What is the statutory legacy?
The statutory legacy is the fixed amount a surviving spouse or civil partner receives first under the intestacy rules in England and Wales when there are also children. It is £322,000 (for deaths on or after 26 July 2023). The spouse also takes the personal possessions and half of anything above that figure, with the children sharing the other half.
Who inherits if there's no will and no family?
The estate passes down a strict legal order: spouse or civil partner, then children, then parents, then siblings, then wider relatives such as grandparents, aunts and uncles. If no qualifying relatives can be found, the estate passes to the Crown (known as 'bona vacantia'). Making a will ensures your estate goes where you want instead.
Related guides
Found this useful? Link to it
If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.