When There Is No Will: Intestacy Rules

If your loved one passed away without leaving a will, the law decides who inherits their estate. These are known as the "intestacy rules", and they work differently across the UK. It is worth understanding them, so you know where you stand and what to do next.

Who inherits if there is no will?

Under the intestacy rules in England and Wales, the surviving husband, wife, or civil partner inherits the first £322,000 plus the personal belongings, plus half of anything above that. What remains is shared equally between the children. That £322,000 figure applies to deaths on or after 26 July 2023; for an earlier death the lower figure that applied at the time is used instead. If there is no surviving partner, the children inherit everything. Partners who were not married inherit nothing automatically, however long they lived together.

What are the intestacy rules in England and Wales?

When there is no will, the law works through a fixed order of relatives. It runs: husband, wife, or civil partner first, then children, then parents, then full brothers and sisters, then half-brothers and half-sisters, then grandparents, then aunts and uncles, and finally the Crown (known as bona vacantia). Each level only inherits if there is nobody left at the levels above.

Who does not automatically inherit when there is no will

Partners who were not married or in a civil partnership, however long you lived together
Stepchildren, unless they were legally adopted
Friends and carers
Charities

If you were their partner but not married, this will feel deeply unfair, and you are far from alone in facing it. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Please get legal advice as soon as you are able.

England and Wales

Family situation	Who inherits
Married or civil partner, no children	The surviving partner inherits everything
Married or civil partner, with children	The surviving partner gets the first £322,000 plus the personal belongings, plus half of what is left. The children share the other half equally.
Children, but no surviving partner	The children inherit everything, shared equally
No surviving partner and no children	Parents, then brothers and sisters, then half-brothers and half-sisters, then grandparents, then aunts and uncles, then the Crown

Scotland

Scotland works differently. The surviving husband, wife, or civil partner has "prior rights" to the home (up to £473,000), the furniture (up to £29,000), and cash (up to £50,000, or £89,000 if there are no children). After prior rights are settled, "legal rights" give the surviving partner and the children fixed shares of the moveable property (money and investments, though not land).

The remainder is distributed under intestacy rules similar to (but not identical to) England and Wales.

Read our full Scotland guide for detailed coverage of prior rights, legal rights, Confirmation, and the Procurator Fiscal.

Northern Ireland

Northern Ireland follows broadly similar rules to England and Wales, but the figures and one important principle are different. Where there are children, the surviving husband, wife, or civil partner gets the personal belongings plus a statutory legacy of £250,000, then half of the remainder if there is one child or a third if there is more than one. Where there are no children, the surviving partner does not necessarily inherit everything, which surprises many people: if parents, brothers or sisters, or their children survive, the partner takes the personal belongings plus £450,000 and half of what is left, and those relatives take the other half.

Read our full Northern Ireland guide for detailed coverage of intestacy, probate through the Belfast Probate Office, and NI-specific contacts.

What to do when there is no will

Apply for Letters of Administration

Instead of probate, you apply for Letters of Administration using form PA1A. The closest relative has the right to apply, usually the husband, wife, or civil partner first, then children, then parents, then brothers and sisters.

Make sure there really is no will

Before you assume there is none, ask their solicitor and their bank, and search the National Will Register. The Probate Registry may also hold a will from an earlier application. It is worth ruling this out properly.

Where you stand if you were their partner but not married

You do not inherit automatically, but you may have a claim if you were living together and depended on them financially. Please get legal advice quickly. Citizens Advice can point you to a solicitor who offers a free first consultation.

Get guidance for your specific situation

Our tool adapts to whether there is a will or not, and tells you exactly what applies to you.

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