Intestacy Rules: Who Inherits If There Is No Will

Where someone dies intestate leaving a surviving spouse or civil partner and children (or other issue), the estate is divided as follows:

1. The surviving spouse or civil partner receives all personal chattels (furniture, household goods, jewellery, cars — essentially everything that is not money or investments).
2. The surviving spouse or civil partner receives a statutory legacy of £322,000 (as of 2020, updated periodically by statutory instrument) from the remainder of the estate, with interest at the Bank of England base rate from the date of death if not paid within one year.
3. Any remainder above £322,000 is divided 50/50: half to the surviving spouse outright, half shared equally among the children (held in trust until each child reaches 18).

Example: If the estate (excluding personal chattels) is worth £700,000, the spouse receives £322,000 plus half of the remaining £378,000 (= £189,000), so £511,000 in total. The children share £189,000 equally.

Children of the intestate who have already died are represented by their own children (grandchildren of the intestate) — this is called the doctrine of representation.

Where someone dies intestate leaving a surviving spouse or civil partner but no children, the surviving spouse or civil partner inherits the entire estate absolutely — including all personal chattels and all other assets. There is no division with other relatives.

This outcome surprises many people who assume the parents of the deceased would receive something — but under English intestacy law, a surviving spouse takes everything to the exclusion of parents, siblings, and all other relatives when there are no children.

Where someone dies intestate with no surviving spouse or civil partner, the estate passes through the following hierarchy (the first category to include a surviving relative inherits everything):

1. Children (and their descendants if a child has already died)
2. Parents (equally, if both survive)
3. Full siblings (brothers and sisters with both parents in common) or their descendants
4. Half-siblings (sharing only one parent) or their descendants
5. Grandparents (equally, if more than one survives)
6. Full aunts and uncles (siblings of parents) or their descendants
7. Half aunts and uncles or their descendants
8. The Crown, Duchy of Lancaster, or Duchy of Cornwall (bona vacantia — the estate escheats to the state)

At each level, if all relatives in that category have already died but have surviving children, those children may inherit under the doctrine of representation.

Cohabitants and unmarried partners: Unmarried partners, regardless of the length of the relationship, have no entitlement under intestacy. If you are in a long-term relationship but not married or in a civil partnership, making a will is essential. If your partner dies intestate, you may need to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision — but this involves legal proceedings and is not guaranteed.

When someone dies intestate, there is no executor — instead, the rules of entitlement to letters of administration apply. The nearest relatives have the right to apply to be administrators in the following order:

1. Surviving spouse or civil partner
2. Children
3. Grandchildren
4. Parents
5. Siblings (full, then half-blood)
6. Grandparents
7. Aunts and uncles (full, then half-blood)

The administrator has the same duties as an executor — they must gather the estate, pay debts and taxes, and distribute to beneficiaries according to the intestacy rules. They must apply to the Probate Registry for a Grant of Letters of Administration (rather than a Grant of Probate, which is only available where there is a will).

Note that in intestacy, the administrator's duties are strictly defined by the rules — they have very limited discretion to deviate from them. If you want a different distribution, all beneficiaries can sign a Deed of Variation within two years of death to redirect their entitlements (with potential tax benefits).