Intestacy Rules Explained: Who Inherits If You Die Without a Will

If you die without a valid will in England and Wales, a fixed statutory formula — not your wishes — decides who inherits your estate. Here's exactly how that formula works.

What counts as dying "intestate"

You die intestate if you don't leave a valid will, or if your will doesn't cover all of your estate. The intestacy rules under the Administration of Estates Act 1925 (as amended) then apply automatically, regardless of what you might have wanted.

The statutory order of inheritance

The rules follow a strict order. Broadly, for a married person or civil partner with no children:

• Your spouse or civil partner inherits the entire estate

If you have a spouse or civil partner and children, it's more complex:

• Your spouse or civil partner receives the first £322,000 (as of the current statutory legacy figure — this is reviewed periodically), plus all your personal belongings
• The remainder of the estate is split — half to your spouse or civil partner, half shared between your children

If you have no spouse, civil partner or children, the order moves through: parents, then siblings (or their children), then half-siblings, then grandparents, then aunts and uncles (or their children). If no relative in this order can be found, the estate passes to the Crown — known as bona vacantia.

What about children?

"Children" under the intestacy rules means your biological and legally adopted children — stepchildren are not automatically included unless formally adopted. If a child has already died, their own children (your grandchildren) usually inherit their share instead.

Can intestacy rules be challenged?

In limited circumstances, someone who was financially dependent on you (such as an unmarried partner or stepchild) may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — but this involves court proceedings, cost and uncertainty that a will avoids entirely.

The simplest fix

Writing a valid will means you — not a formula — decide who inherits, and you can provide for unmarried partners, stepchildren, friends or charities that intestacy rules would otherwise exclude entirely.

Frequently asked questions

Does intestacy work the same way in Scotland or Northern Ireland?

No — Scotland has its own succession law, and Northern Ireland has separately legislated but broadly similar rules. This guide covers England and Wales only.

Is intestacy the same thing as probate?

No. Probate (or letters of administration when there's no will) is the legal process of dealing with an estate; intestacy is the set of rules deciding who inherits when there's no valid will. You still need to go through probate or administration either way.