Intestacy Rules Explained
Who inherits when there is no will?
When someone dies without leaving a valid will, the law decides who inherits their estate. These are called the intestacy rules, and they follow a strict hierarchy. The outcome is not always what families expect, and some people who feel they should inherit receive nothing at all.
This guide explains the intestacy rules in England and Wales, who is entitled to inherit, what happens to property, and what you need to do if you are the person responsible for sorting out the estate. If there is a property that needs to be sold, we can help with a fast cash offer.
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The Basics
What is intestacy?
Intestacy is the legal term for dying without a valid will. It also applies when someone leaves a will that does not cover all of their assets (known as partial intestacy). When this happens, the law sets out a fixed order of priority for who inherits the estate. The deceased's wishes, verbal promises, or assumptions about who "should" inherit are not taken into account.
The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925 (as amended). Scotland and Northern Ireland have their own separate rules. This guide covers England and Wales only.
Around 60% of adults in the UK do not have a will, which means intestacy is far more common than many people realise. The consequences can be significant, particularly for unmarried partners, stepchildren, and blended families.
Key point
The intestacy rules are automatic and rigid. They do not take into account the deceased's relationships, preferences, or the needs of individual family members. The only way to ensure your estate goes to the people you choose is to make a valid will.
The Hierarchy
Who inherits under the intestacy rules
The intestacy rules follow a strict order. The estate passes to the highest category that applies. If no one in a category survives the deceased, it moves to the next level down.
Surviving spouse or civil partner
If there are no children, the spouse inherits the entire estate. If there are children, the spouse receives all personal possessions, the first £322,000 of the estate, and half of the remaining balance.
Children (or their descendants)
If there is a surviving spouse, the children share the other half of the estate above £322,000 equally. If there is no surviving spouse, the children inherit the entire estate in equal shares. If a child has already died, their share passes to their own children.
Parents
If there is no surviving spouse and no children (or grandchildren), both parents inherit the estate in equal shares. If only one parent is alive, that parent inherits everything.
Full siblings (or their children)
If there is no surviving spouse, no children, and no living parents, full siblings (brothers and sisters who share both parents) inherit in equal shares. If a sibling has died, their share passes to their children.
Half siblings (or their children)
Half brothers and half sisters inherit only if there are no full siblings. They share the estate equally. If a half sibling has died, their share passes to their children.
Grandparents
If there are no closer relatives, the deceased's grandparents inherit the estate in equal shares.
Aunts and uncles (or their children)
Full aunts and uncles inherit next. If they have already died, their children (the deceased's cousins) inherit their share. Half aunts and uncles come after full aunts and uncles.
The Crown (bona vacantia)
If there are no surviving relatives in any of the categories above, the entire estate passes to the Crown. The Treasury Solicitor manages these cases and may make discretionary grants to people who had a close connection to the deceased.
Critical Distinction
Married vs unmarried partners
One of the most important things to understand about the intestacy rules is the stark difference between married and unmarried partners. Many people wrongly assume that a long-term partner will automatically inherit, but the law does not recognise "common-law" marriage in England and Wales.
Married / Civil Partner
Inherits under intestacy
A legally married spouse or registered civil partner is at the top of the intestacy hierarchy. They inherit all personal possessions and at least the first £322,000 of the estate, regardless of any other circumstances.
- All personal possessions
- First £322,000 of the estate
- Half the remainder (if there are children)
- Everything (if there are no children)
Unmarried Partner
Inherits nothing
An unmarried partner - no matter how long the relationship or whether they lived together - has no entitlement under the intestacy rules. This applies even if they jointly raised children with the deceased.
- No automatic inheritance rights
- No recognition of "common-law" marriage
- No entitlement to personal possessions
- Must make a court claim to receive anything
Important warning
If you are in an unmarried relationship and your partner owns property, you could lose your home if they die without a will. The only reliable protection is a valid will that names you as a beneficiary. An unmarried partner can make a claim under the Inheritance Act 1975, but success is not guaranteed and the process can take months or years.
Property and Intestacy
What happens to the property?
Property is often the most valuable asset in an estate, and how it is handled under intestacy depends on how it was owned. Understanding the difference between joint tenancy and tenancy in common is essential.
In many cases, the property needs to be sold so that the proceeds can be divided among the beneficiaries according to the intestacy rules. This is particularly common when siblings inherit together or when the estate needs to be split between a surviving spouse and children.
Joint tenancy - passes automatically
If the property was held as joint tenants (the most common arrangement for married couples), the deceased's share passes automatically to the surviving co-owner by right of survivorship. It does not form part of the estate and is not affected by the intestacy rules. The surviving owner needs to register the death with the Land Registry but does not need probate for this transfer.
Tenancy in common - forms part of the estate
If the property was held as tenants in common, the deceased's share becomes part of their estate and is distributed according to the intestacy rules. This can mean that multiple people inherit shares of the property, which often makes a sale necessary. The administrator will need letters of administration before the property can be sold or transferred.
Sole ownership - forms part of the estate
If the deceased was the sole owner of the property, it forms part of the estate in full. The administrator must obtain letters of administration before they can sell or transfer it. The beneficiaries under the intestacy rules are entitled to their share of the property value, which usually means the property is sold and the proceeds distributed.
The spouse's right to the family home
A surviving spouse or civil partner has a special right under the intestacy rules to acquire the family home as part of their inheritance, provided it was owned by the deceased (not held as joint tenants). The home's value is offset against the spouse's entitlement. If the home is worth more than their entitlement, the spouse can choose to pay the difference to the estate.
The Process
Applying for letters of administration
When there is no will, you apply for letters of administration rather than a grant of probate. The process is very similar, but there are a few important differences. The administrator has the same duties as an executor - to gather the assets, pay the debts, and distribute the estate - but they must follow the intestacy rules rather than the instructions in a will.
The application is made using form PA1A (or through the online probate service). You will need to demonstrate that you are entitled to apply by confirming your relationship to the deceased and that no one higher in the intestacy hierarchy is applying.
Who can apply
The person highest in the intestacy hierarchy has the right to apply. Typically this is the surviving spouse. If there is no spouse, the children can apply. Applicants must be over 18. Up to four administrators can be named.
Documents needed
You need the original death certificate, proof of your relationship to the deceased, valuations of all assets and debts, and the completed inheritance tax forms (IHT205 or IHT400). There is no will to submit.
The application fee
The fee is the same as for a grant of probate: £273 for estates over £5,000 and nothing for smaller estates. Additional sealed copies of the letters of administration cost £1.50 each.
Processing time
The Probate Registry currently takes 8 to 12 weeks to process most applications. However, applications for letters of administration can sometimes take slightly longer, particularly if the family structure is complex or there are queries about entitlement.
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Myths and Facts
Common misconceptions about intestacy
There are many widespread misunderstandings about what happens when someone dies without a will. These misconceptions can lead to real hardship for families. Here are the ones we encounter most often.
"My partner and I have been together for 20 years, so they will inherit"
The reality: Length of relationship is irrelevant under the intestacy rules. Only a legally married spouse or registered civil partner has automatic inheritance rights. An unmarried partner of 20 years inherits nothing unless a court claim is made.
"The eldest child gets everything"
The reality: All children inherit equally under the intestacy rules, regardless of age or gender. There is no concept of primogeniture in modern English inheritance law. Adopted children are treated the same as biological children.
"Stepchildren will inherit a share"
The reality: Stepchildren have no automatic right to inherit under the intestacy rules unless they were legally adopted by the deceased. A child must be the biological or legally adopted child of the deceased to qualify.
"The family can just decide how to split things"
The reality: The administrator has a legal duty to follow the intestacy rules. They cannot simply agree with the family to distribute the estate differently. However, beneficiaries can use a deed of variation within two years of the death to redirect their inheritance to other people.
"If there is no will, the government takes everything"
The reality: The estate only passes to the Crown (bona vacantia) if there are absolutely no surviving relatives in any of the intestacy categories. In practice, this is extremely rare. The hierarchy extends to quite distant relatives, including cousins.
"We do not need probate if there is no will"
The reality: You still need to apply to the Probate Registry, but you apply for letters of administration rather than a grant of probate. The process, fees, and timelines are very similar. Without letters of administration, you cannot sell property or access most bank accounts.
Frequently Asked Questions
Common questions about intestacy rules
Dealing with an estate when there is no will raises many questions. Here are straightforward answers to the ones families ask us most frequently.
We Understand This Is a Difficult Time
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