The full order of priority under intestacy rules, the £322,000 statutory legacy, what happens to unmarried partners, and how to apply for Letters of Administration.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 16 min.
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The Rules of Intestacy set a fixed order of priority: spouse or civil partner first (with children sharing if the estate exceeds £322,000), then children, then parents, then siblings, then half-siblings, then grandparents, then aunts and uncles. Unmarried partners and stepchildren do not inherit automatically.
No. In England and Wales, there is no legal concept of a 'common-law spouse'. An unmarried partner — regardless of how long you lived together — has no automatic right to inherit under the intestacy rules. They would need to make a claim under the Inheritance Act 1975.
The statutory legacy is the fixed sum (currently £322,000) that a surviving spouse or civil partner receives from the estate when the deceased died intestate and left children. The remainder of the estate is then split equally between the spouse and the children.
Yes. Beneficiaries can redirect their inheritance using a Deed of Variation within two years of the death. All affected beneficiaries must agree. This can be used to benefit people not entitled under the intestacy rules or for Inheritance Tax planning.