Intestacy Rules England: Who Inherits When There's No Will

Roughly 60% of adults in England don't have a will. When someone dies without one, the law — not the family — decides who inherits. The rules are rigid, follow a strict hierarchy, and frequently produce outcomes that would horrify the deceased if they'd known.

The Hierarchy of Inheritance

England's intestacy rules are set out in the Administration of Estates Act 1925 (as amended). They apply a fixed order of priority:

1. Surviving spouse or civil partner — always inherits first If the deceased was married or in a civil partnership, the surviving partner receives:

• All personal chattels (household items, furniture, cars, personal belongings)
• The statutory legacy — a fixed sum currently set at £322,000 (increased from £270,000 for deaths on or after 26 July 2023)
• Half of any remaining estate above the statutory legacy

2. Children — share the other half If the deceased has children (or grandchildren of a deceased child), they share the remaining half of the estate equally. If any child has already died, their share passes to their own children.

Children inherit their share at age 18, or upon marriage/civil partnership if earlier. Until then, it's held in trust.

3. If there's no surviving spouse The entire estate passes to the children equally. If there are no children, it moves down the hierarchy: parents → siblings → half-siblings → grandparents → uncles and aunts → half-uncles and aunts → the Crown (known as "bona vacantia").

What the Statutory Legacy Means in Practice

The £322,000 statutory legacy protects surviving spouses in most estates. In 2026, the median house price in England is roughly £290,000 — meaning that for a typical family home plus modest savings, the surviving spouse inherits everything and the children receive nothing from the estate during the spouse's lifetime.

But for larger estates, the split matters. Consider an estate worth £522,000:

• Spouse receives: personal chattels + £322,000 + half of the remaining £200,000 = chattels + £422,000
• Children share: the other £100,000, split equally between them

Who Gets Nothing Under Intestacy

The intestacy rules are brutally exclusive. The following people inherit nothing, regardless of their relationship with the deceased:

• Unmarried partners (cohabitants) — even after decades of living together
• Step-children — unless formally adopted
• In-laws
• Close friends
• Carers who provided years of unpaid support
• Charities the deceased supported

This is the single biggest reason to make a will. If you're living with a long-term partner without marriage or civil partnership, intestacy law treats your partner as a legal stranger.

Unmarried Partners and the Inheritance Act

Cohabiting partners excluded by intestacy can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. To succeed, they must prove they were maintained by the deceased or lived together as spouses for at least two years before the death.

Even then, the court awards only "reasonable financial provision for maintenance" — not a full inheritance share. These claims are expensive, stressful, and uncertain. They're also time-limited: applications must be filed within six months of the Grant of Probate.

Letters of Administration

When someone dies intestate, nobody automatically has authority to manage the estate. A family member must apply to HMCTS for Letters of Administration — the intestacy equivalent of a Grant of Probate.

The application priority follows the same hierarchy as inheritance: surviving spouse first, then children, then parents, and so on. The administrator has the same legal duties as an executor — valuing assets, paying debts, filing tax returns, and distributing the estate according to the intestacy rules.

The application process and fees are identical to probate: currently £526 from July 2026.

When Intestacy Gets Complicated

Estranged spouses: A separated but not divorced spouse inherits everything under intestacy — even if they haven't spoken in years. Only divorce or dissolution of civil partnership removes spousal inheritance rights.

Blended families: Children from a previous relationship share equally with children from the current marriage. The surviving spouse's statutory legacy protects their position, but tensions over the remaining estate are common.

No identifiable relatives: If no qualifying relatives can be found, the entire estate passes to the Crown as bona vacantia. The Treasury Solicitor manages these cases and publishes lists of unclaimed estates.

The England Survivor Benefits Navigator includes a complete intestacy flowchart and guidance on applying for Letters of Administration without a solicitor.

See more England guides →