If someone dies without a will, their estate is distributed according to the intestacy rules — a fixed legal formula in the Administration of Estates Act 1925. These rules do not take into account relationships, cohabitation, verbal promises, or what the deceased might have wanted. They operate automatically and produce outcomes many families find surprising.
The Intestacy Priority Order (England and Wales)
The rules work through a strict hierarchy. Only the first category with living members inherits — later categories receive nothing if an earlier one applies.
| Priority | Who | What they inherit |
|---|---|---|
| 1 | Spouse/civil partner only (no children) | Everything |
| 2 | Spouse/civil partner + children | Spouse gets all personal possessions + first £322,000 + half the remainder. Children share the other half equally |
| 3 | Children only (no surviving spouse) | Everything equally — in trust until 18 |
| 4 | Parents (no spouse, no children) | Everything equally |
| 5 | Siblings (same parents) | Everything equally |
| 6 | Siblings (half-blood) | Everything equally |
| 7 | Grandparents | Everything equally |
| 8 | Aunts and uncles (full blood) | Everything equally |
| 9 | Aunts and uncles (half blood) | Everything equally |
| 10 | The Crown (bona vacantia) | Everything — if no eligible relatives exist |
The statutory legacy (£322,000) is the amount the spouse receives before the estate is split. This figure is set by statutory instrument and has been uprated periodically. Check GOV.UK for the current amount as it may change.
The Most Common Surprises
Unmarried partners receive nothing
This is the single most important consequence of dying intestate. A couple who have lived together for 20 years, own a home jointly as tenants in common, and have children together — if one dies without a will, the surviving partner’s share of solely owned assets goes to the children (if any), not to the partner.
Only assets held as joint tenants (where the survivor automatically inherits) are protected. A joint bank account and a jointly tenanted home pass to the survivor automatically — but solely owned savings, ISAs, and any property in the deceased’s sole name follow the intestacy rules.
Children inherit at 18 — held in trust until then
Under intestacy, minor children’s inheritances are held in a statutory trust administered by trustees (often the surviving parent). The child receives the money at 18 — there is no discretion to release it earlier for school fees, a house deposit, or any other purpose unless a court order is obtained.
Stepchildren are excluded
Only biological and adopted children inherit. Stepchildren — regardless of how long they lived with the deceased — receive nothing unless separately provided for.
Estranged spouses still inherit
If a couple is legally married but separated (but not divorced), the estranged spouse retains full intestacy rights. A decree absolute of divorce removes those rights; a decree nisi does not. If you are separated but not divorced, your spouse could inherit your entire estate regardless of how long you have been apart.
Parents inherit before siblings
If you die without a will, no spouse, and no children, your estate goes to your parents — not your siblings. Many people are surprised to learn their brother or sister inherits nothing while a living parent (however distant the relationship) inherits everything.
Scotland and Northern Ireland
The intestacy rules described above apply to England and Wales only.
Scotland operates under different rules. The deceased’s family has “prior rights” (house, furniture, financial provision) and “legal rights” (a fixed share for spouse and children). The Scottish rules are more protective of spouses and children in some circumstances.
Northern Ireland has its own rules under the Administration of Estates Act (Northern Ireland) 1955, which are broadly similar to England and Wales but with some differences in the statutory legacy amount.
What You Can Do: Deed of Variation
Within two years of the death, the people who inherit under intestacy can agree to redirect the estate to different people or in different proportions — this is called a deed of variation.
A deed of variation is written, signed by all affected beneficiaries, and is treated for tax purposes as if the deceased had left the estate that way in a will. This can:
- Include an unmarried partner who would otherwise receive nothing
- Pass assets to grandchildren rather than children (skipping a generation for IHT purposes)
- Change proportions between siblings
- Redirect to charity (with potential IHT reliefs)
All beneficiaries who would receive less must agree — any one person can veto it. For complex estates, legal advice is recommended.
How to Administer an Intestate Estate
Without a will, there is no named executor. Instead, an eligible family member applies for Letters of Administration from the Probate Registry, which gives them the same powers as an executor. The priority order mirrors the intestacy rules: spouse or civil partner first, then children, then parents, and so on.
See the Letters of Administration guide and the Probate Guide for the application process.
The Case for Writing a Will
The intestacy rules are a blunt instrument. They do not know:
- That you wanted your friend to receive a specific item
- That you are estranged from a parent who would otherwise inherit everything
- That you want to leave something to charity
- That you have a disabled child who needs more support than the others
- That you want to use IHT planning (such as a nil-rate band discretionary trust) to protect your estate
A basic mirror will for a couple costs £150–£300 through a high street solicitor. It is one of the most cost-effective financial decisions available. See the guide on Writing a Will UK.