About half of UK adults die without a valid will. When that happens, the law - not you - decides who inherits. The rules are called intestacy rules, and they often produce results most people would never have chosen.
This article explains exactly what happens to your estate if you die intestate in England and Wales, who inherits, and why some of the people you'd most want to provide for can be left with nothing.
The basic principle
When someone dies without a will, their estate (everything they owned minus debts) is distributed according to a fixed legal hierarchy set out in the Administration of Estates Act 1925 and updated several times since. The hierarchy follows blood and marriage relationships - it has no flexibility for personal circumstances.
You cannot "appoint" anyone, you cannot leave specific gifts, you cannot include a stepchild, and you cannot recognise an unmarried partner. Whoever fits the legal slots gets the estate.
Who inherits if you die without a will?
The intestacy rules in England and Wales follow this order. Each level only inherits if no one in a higher level is alive.
Married or in a civil partnership, with children
Your spouse or civil partner gets:
- All your personal possessions (chattels - cars, jewellery, household goods, etc.).
- The first £322,000 of the estate.
- Half of anything over £322,000.
Your children share the other half of anything over £322,000 equally between them. If a child has already died but left children of their own, that child's share passes to the grandchildren.
Married or in a civil partnership, no children
Your spouse or civil partner inherits the entire estate.
Not married, with children
The whole estate is divided equally between your children. If a child has predeceased you leaving children, those grandchildren take their parent's share.
Not married, no children
The order is: parents → siblings (or their children if they predeceased you) → half-siblings → grandparents → aunts and uncles → half-aunts and uncles. The first level with someone alive takes everything.
No relatives at all
The estate passes to the Crown - it becomes "bona vacantia" and goes to the Treasury Solicitor.
The "common-law spouse" myth
There is no such thing as a common-law spouse in English law. If you and your partner have lived together for 30 years and never married, and there's no will, your partner inherits nothing automatically under intestacy.
They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on you, but that means going to court - expensive, stressful, and uncertain. The simple solution is to have a will. See our cohabiting couples guide for a fuller treatment.
Stepchildren are invisible to intestacy
If you have stepchildren you've raised as your own but never legally adopted, and you die without a will, they inherit nothing. Only biological and legally adopted children are recognised by the intestacy rules.
For blended families this is one of the strongest arguments for writing a will.
Separated but not divorced
If you're married but separated (and not divorced), your spouse is still your spouse for intestacy purposes. They will inherit the spouse's share even if you've been apart for years and have a new partner. Separation has no legal effect on intestacy until divorce is finalised.
What happens to your home?
If you and your spouse owned the home as joint tenants, it passes to them automatically by survivorship - this happens outside the intestacy rules. If you owned as tenants in common (each holding a defined share), your share passes through the intestacy rules.
If your spouse inherits a share of the house under intestacy, they may have a right to require it to be transferred to them as part of their entitlement (the "appropriation" rule), but this can require negotiation with your children if they also inherit a share.
Children under 18
A child's intestacy share is held on statutory trust until they reach 18 (or marry/enter a civil partnership earlier). Trustees - usually the surviving parent or the executor - manage the money on their behalf. They can use it for the child's maintenance, education and benefit, but the rules are restrictive and the admin is awkward.
A will lets you choose more flexible terms - for instance, holding funds until 21 or 25 instead of 18.
Why intestacy almost always costs more
Beyond the wrong-people-inheriting problem, dying intestate also costs more in practice:
- More legal fees - probate practitioners spend more time tracing relatives and establishing entitlements.
- More tax - you can't take advantage of a will's tax-planning options (charitable bequests for the lower IHT rate, residence nil-rate band optimisation, etc.).
- More disputes - claims under the 1975 Act are much more common against intestate estates.
- More delay - everything moves slowly because there's no executor with authority on day one; an administrator has to be appointed.
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Frequently asked questions
Does my husband or wife automatically get everything if I die without a will?
Only if you have no children (or other descendants). If you have children, your spouse gets your possessions, the first £322,000, and half of the rest - the children share the other half.
Can my partner inherit if we live together but aren't married?
Not automatically. They may have a claim under the 1975 Act if they can prove financial dependence, but it's a court process. The reliable answer is to write a will.
What about my pension or life insurance if I die intestate?
These are not part of your estate for intestacy purposes if you've nominated a beneficiary on the policy itself. They pay out directly to whoever you nominated, bypassing the intestacy rules. Always keep nomination forms up to date.
Are stepchildren treated the same as biological children?
No. Intestacy only recognises biological and legally adopted children. Stepchildren receive nothing under intestacy unless they were adopted.
Can the intestacy rules be challenged?
Yes - dependents can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. The court can override the intestacy rules where reasonable provision wasn't made. But it's expensive, uncertain, and stressful.
For complex estates, we recommend you seek assistance from a Trusted Hands Advisor or your own legal advice.
The simplest fix is a will. Start yours online - takes 15-30 minutes, costs less than £100, and gives you the certainty intestacy can never provide.
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