Intestacy Rules: Who Inherits When There Is No Will?

What is intestacy?

A person is said to have died "intestate" when they die without leaving a valid will — or when they leave a will that does not deal with all of their estate. In either case, the part of the estate not covered by a will is distributed according to the rules of intestacy, set out in the Administration of Estates Act 1925 (as amended).

The consequences depend on the family and the assets: a surviving unmarried partner has no automatic entitlement, stepchildren are excluded unless adopted, and assets may pass to relatives the deceased did not intend to benefit.

If you are dealing with an intestate estate right now, this guide will walk you through exactly what happens next — who inherits, who can administer the estate, and what your options are.

Who inherits under the intestacy rules?

The intestacy rules set out a strict order of qualifying survivors. A spouse or civil partner must survive the deceased by 28 days; representation and other statutory rules can also affect who qualifies. If there are no qualifying relatives, the estate passes as bona vacantia.

The Administration of Estates Act 1925 and current HMRC guidance set out a strict hierarchy. Only the first category with qualifying survivors inherits; everyone below that category receives nothing.

The "issue" of a deceased relative means their direct descendants — children, grandchildren, and so on — who step into the deceased relative's share by representation.

Great-grandparents and great-uncles or great-aunts are not qualifying categories under the current England and Wales intestacy order. If no qualifying relatives can be found, the estate passes as bona vacantia.

Worked examples

The statutory legacy of £322,000 has applied to deaths since 26 July 2023. The examples below illustrate several family situations.

Spouses and civil partners

A spouse or civil partner who survives the deceased by 28 days is first in line. Separation alone does not end that status, but a final divorce or dissolution does. A judicial-separation order can also affect intestacy rights, so check the legal status and any order in force.

If there are no surviving children

The surviving spouse or civil partner inherits the entire estate, regardless of its value. Parents, siblings, and other relatives receive nothing.

If there are surviving children

The estate is divided between the spouse and the children. The spouse receives:

• All personal chattels (physical possessions such as furniture, jewellery, and vehicles — but not money or investments)
• The first £322,000 of the estate (the "statutory legacy")
• Half of whatever remains above £322,000

The children share the other half of the remainder equally. If any child has died before the deceased but left their own children (grandchildren of the deceased), those grandchildren step into their parent's share.

For deaths on or after 1 October 2014, the statutory legacy carries interest from the date of death, at the Bank of England official bank rate that applied at the end of the day of death.

Jointly owned property

If the couple owned their home as beneficial joint tenants, the property passes automatically to the surviving spouse by survivorship — it does not form part of the estate for intestacy purposes. If they owned it as tenants in common, the deceased's share does form part of the estate and is distributed under the intestacy rules.

Bona vacantia: when there are no surviving relatives

If the deceased left no qualifying relatives in the statutory order, the entire estate passes to the Crown, Duchy of Lancaster, or Duchy of Cornwall as bona vacantia (Latin for "ownerless goods"). In practice, the estate is dealt with by:

The Crown is not obliged to accept the estate if it is insolvent. Where the estate is solvent, the Crown may make discretionary payments to people who were financially dependent on the deceased, or to whom the deceased had a moral obligation, even though they have no legal right to inherit. Different kinship claims and discretionary requests have different criteria and time limits, so check the Bona Vacantia Division's current guidance before applying.

If you believe an estate may be bona vacantia, check the Bona Vacantia Division's current guidance and published list before making a claim.

Children and grandchildren

All biological and legally adopted children of the deceased inherit equally, regardless of whether their parents were ever married. Children from previous relationships are included on the same basis as children from the current relationship.

Step-children who were not legally adopted have no automatic right to inherit under the intestacy rules, no matter how close the relationship was in practice.

Children under 18 cannot receive their inheritance directly. It is held on trust until they reach 18 (or 18 and marry, in some older trusts). A trustee manages the funds in the meantime.

If a child died before the deceased, that child's descendants can take the share by representation. Statutory deemed-predeceased rules can also apply where a person disclaims or is barred by the forfeiture rule, so obtain advice in those cases. A grandchild does not normally take by representation while their parent is alive and entitled.

Other relatives

If there is no surviving spouse, civil partner, or children, the estate passes down the order of priority shown in the table above. Each category only inherits if there is no one in a higher category still alive.

Parents inherit equally if both are alive. If only one parent survives, they inherit the whole estate. Siblings of the whole blood (sharing both parents) take priority over half-siblings (sharing only one parent). Descendants of a sibling who died before the deceased can take by representation; disclaimer and forfeiture can engage separate deemed-predeceased rules.

If there are truly no surviving relatives in any category, the entire estate passes to the Crown as bona vacantia. The Bona Vacantia Division of the Government Legal Department, acting for the Treasury Solicitor, handles the estate and may make discretionary payments to people who were financially dependent on the deceased, but this is not a right.

Unmarried partners — the "common-law spouse" myth

If your partner dies without a will and you were not married or in a civil partnership, you will not inherit anything automatically. The estate will pass to their children, parents, or other relatives instead — even if you lived together for decades.

You may have two options:

1. Inheritance Act claim: You may be eligible if you lived with the deceased as a couple in the same household for the whole two years immediately before death, or were maintained by them. The usual deadline is six months from the first grant of representation, although the court can permit a later claim.
2. Deed of Variation: A beneficiary may redirect their entitlement if the necessary people agree. A qualifying variation completed within two years can receive statutory IHT or CGT read-back; a later arrangement does not receive that treatment and may be constrained once assets or third-party rights are involved.

A valid will can provide for an unmarried partner directly. Take advice on the will and on how jointly owned property, pensions and life policies pass.

Letters of Administration

When someone dies with a valid will appointing executors, an executor may apply for a Grant of Probate. For a wholly intestate estate, an eligible person applies for a Grant of Letters of Administration. The grant proves the administrator's authority to organisations that require it.

The person who applies becomes the administrator of the estate. They have the same duties as an executor and can be held personally liable for mistakes — such as distributing the estate before paying all debts.

Who can apply?

The right to apply follows the same order of priority as the right to inherit. The most entitled person is the surviving spouse or civil partner, followed by adult children (18 or over), then parents, then siblings, and so on. The most entitled inheritor usually applies; however, if the people entitled under the intestacy rules decline or cannot act, a creditor of the deceased or another eligible person may in limited circumstances be able to apply.

If the most entitled person does not want to apply, they can:

• Ask the Probate Registry which power-of-attorney or representation route fits the circumstances.
• Take advice before renouncing entitlement to a grant: the effect and applicable form depend on the applicant's status and the estate.

How to apply for Letters of Administration

The process is similar to applying for a Grant of Probate, but you use form PA1A (rather than PA1P for probate). You can apply online via the HMCTS probate service or by post.

The probate application fee is £526 for an estate worth more than £5,000. There is no application fee if the estate is worth £5,000 or less. For a paper PA1A application, sign the legal statement on the form; GOV.UK uses that signed statement as the applicant's confirmation.

Varying the intestacy: Deed of Variation

A beneficiary can redirect their own entitlement by a Deed of Variation. Anyone whose entitlement is reduced must agree, and a minor cannot consent personally. Tax treatment requires separate statutory conditions and a two-year deadline.

A Deed of Variation can be used to:

• Give assets to an unmarried partner who would otherwise receive nothing
• Include step-children who are excluded under the intestacy rules
• Redirect assets to grandchildren or charities
• Seek a different IHT or CGT outcome where the variation meets the tax conditions
• Equalise shares between beneficiaries where the intestacy rules produce an unfair result

A variation should be recorded clearly and signed by each affected beneficiary. Obtain legal and tax advice where rights, minors, trusts or tax treatment are involved.

Preventing intestacy: the steps to take now

The intestacy rules exist as a safety net — but they are a blunt instrument. They cannot reflect your actual wishes, your particular family circumstances, or your relationships with the people you care about. The only way to ensure your estate goes where you want it to go is to make a valid will.

If you are dealing with an intestate estate, a beneficiary may be able to redirect an entitlement. The two-year deadline concerns statutory IHT and CGT read-back; later arrangements may be possible but can have different tax and practical consequences. For your own planning, consider these steps:

If you are an unmarried partner who has been left out by the intestacy rules, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Time limits apply — seek legal advice promptly.

Scotland and Northern Ireland

The intestacy rules described in this guide apply only in England and Wales. Scotland and Northern Ireland have their own distinct systems.

In Scotland, a surviving spouse or civil partner may have prior rights in an intestate estate: the home in which they lived (up to £473,000), furnishings up to £29,000, and cash up to £50,000 where the deceased left children or descendants, or £89,000 where there are none. A spouse or civil partner and descendants may also have legal rights in the moveable estate, including where there is a will. For deaths from 30 April 2024, a surviving spouse or civil partner ranks after descendants but before parents and siblings in the order for the remaining intestate estate. Check the current Scottish rules and obtain advice on the particular estate. For Scottish court procedure, contact the Scottish Courts and Tribunals Service.

Frequently asked questions