How much does a spouse inherit if there is no will?
Short answer
Where there are children, the surviving spouse or civil partner takes all the personal possessions, the £322,000 statutory legacy, and half of whatever remains; the children share the other half. Where there are no children, the spouse takes the entire estate.
The intestacy rules in section 46 of the Administration of Estates Act 1925 apply whenever someone dies without a valid will — which, on current estimates, is around 60% of UK adults. They apply a fixed formula, and it frequently produces an outcome the deceased would not have chosen.
The order of entitlement
- Spouse or civil partner with children — all personal chattels, the £322,000 statutory legacy with interest from the date of death, and half the remaining residue. The children share the other half, held on statutory trust until 18.
- Spouse or civil partner with no children — the entire estate.
- No spouse — children take everything equally, with a deceased child's share passing to their own children.
- Then, in order: parents, whole-blood siblings, half-blood siblings, grandparents, aunts and uncles — and if none survive, the Crown as bona vacantia.
The statutory legacy is uprated periodically by the Lord Chancellor; it rose from £270,000 to £322,000 on 26 July 2023. A surviving spouse also has the right under the Intestates' Estates Act 1952 to require the matrimonial home to be appropriated as part of their share, paying the difference back into the estate if it is worth more.
Who gets nothing
Two groups are hit hardest. Cohabiting partners inherit nothing, however long the relationship: there is no such thing as common-law marriage for inheritance purposes, and the home, savings and possessions in the deceased's sole name go to blood relatives. Stepchildren inherit nothing unless they were legally adopted, and can be passed over in favour of biological children the deceased may never have met.
A separated but undivorced spouse still inherits in full — one of the most common causes of intestacy disputes, and a reason to make a will the moment a relationship ends rather than waiting for the decree.
Both excluded groups can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision: cohabitants who lived as if married for the two years before the death, and stepchildren treated as a child of the family, both qualify. The claim must be issued within six months of the grant of letters of administration, and most settle before trial. Scotland works differently again, with prior rights and legal rights under the Succession (Scotland) Act 1964.
Related guides
Statutory Legacy: When Someone Dies Without a Will
Around 60% of UK adults die without a valid will. The Administration of Estates Act 1925 prescribes how those estates are distributed — the 'intestacy rules'. Surviving spouses take the first £322,000 (the 'statutory legacy', raised from £270,000 in July 2023) plus half the remainder. The rules can produce results that the deceased would not have wanted; this guide explains the framework and how to challenge it via the Inheritance Act 1975.
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A valid will can still leave someone in genuine need with nothing — and the intestacy rules can do the same. The Inheritance (Provision for Family and Dependants) Act 1975 is the safety valve: it lets a defined list of people ask the court to order "reasonable financial provision" from the estate, even where the will is perfectly valid. But it is not a general fairness law — only qualifying applicants can use it, most must show a maintenance need, and the claim must normally be issued within six months of the grant of representation.
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A will is the only way to ensure your assets go to the people you choose after your death. Without a valid will, the intestacy rules determine who inherits — and these may produce very different results from your wishes, particularly if you are unmarried, have stepchildren, or have a complex family situation. Making a will is one of the most important legal steps you can take.
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