Dying Without a Will: Intestacy Rules

When someone dies without a will, the law decides who inherits their estate. These are called the "intestacy rules" and they differ across the UK. Understanding them is important so you know your rights and what to do next.

Who inherits if there is no will?

Under intestacy rules in England and Wales, the spouse or civil partner inherits the first £322,000 plus personal belongings, plus half of everything above that amount. The remainder goes to children equally. If there is no spouse, children inherit everything. Unmarried partners inherit nothing automatically regardless of how long they lived together.

What are the intestacy rules in England and Wales?

The intestacy hierarchy determines who inherits when there is no will. The order of priority is: spouse or civil partner first, then children, then parents, then full siblings, then half-siblings, then grandparents, then aunts and uncles, and finally the Crown (known as bona vacantia). Each level only inherits if nobody exists in the levels above.

Who does NOT automatically inherit under intestacy?

Unmarried partners (regardless of how long you lived together)
Stepchildren (unless legally adopted)
Friends and carers
Charities

If you are an unmarried partner, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Seek legal advice as soon as possible.

England and Wales

Family situation	Who inherits
Married/civil partner, no children	Spouse/partner inherits everything
Married/civil partner with children	Spouse gets the first £322,000 plus personal belongings, plus half the remainder. Children share the other half equally.
Children but no spouse	Children inherit everything, shared equally
No spouse and no children	Parents, then siblings, then half-siblings, then grandparents, then aunts/uncles, then the Crown

Scotland

Scotland has different rules. The surviving spouse/civil partner has "prior rights" to the home (up to £473,000), furniture (up to £29,000), and cash (up to £50,000 or £89,000 if no children). After prior rights, "legal rights" give the spouse and children fixed shares of moveable property (money, investments, but 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 similar intestacy rules to England and Wales but with different financial thresholds. The spouse gets personal belongings and a statutory legacy amount (currently £250,000), plus a share of the remainder depending on whether there are children.

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

What to do if 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: spouse first, then children, then parents, then siblings.

Check if you need to search for a will

Before assuming there is no will, check with the person's solicitor, bank, and the National Will Register. Wills can also be held by the Probate Registry from a previous application.

Understand your position if you are an unmarried partner

You do not inherit automatically, but you may have a claim if you were living together and financially dependent. Seek legal advice quickly. Citizens Advice can help you find a solicitor who offers a free initial 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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