TRW & Co · Wills, probate and private wealth
Dying Without a Will: The Intestacy Rules Explained
The intestacy rules UK law applies decide who inherits when someone dies without a valid will. In England and Wales, a spouse or civil partner usually takes most or all of the estate, children share the rest, and unmarried partners receive nothing automatically. This guide explains the statutory order, the £322,000 statutory legacy and how to challenge the result.
Key pointMany families' largest assets never pass under the intestacy rules at all: a home held as joint tenants, nominated pensions and life policies in trust go elsewhere, so map how each asset is held before working out who inherits.
At a glance
Spouse comes first
With no children, a surviving spouse or civil partner in England and Wales takes the whole estate, regardless of its size.
£322,000 statutory legacy
Where there are children, the spouse takes personal chattels, £322,000 with interest and half the rest; children share the other half on trust.
No rights for cohabitants
Unmarried partners inherit nothing under the rules. Their main remedy is a 1975 Act claim, limited to reasonable maintenance.
Six-month claim window
A 1975 Act claim must normally be issued within six months of the grant of representation unless the court gives permission.
Scotland is different
Scotland uses prior rights and legal rights under its own legislation, and Northern Ireland has separate figures, so domicile matters.
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The short answer: what the intestacy rules UK families face actually say
If someone dies without a valid will, the intestacy rules UK law applies decide who inherits, and the answer depends on which part of the UK the person was domiciled in. In England and Wales, a surviving spouse or civil partner usually takes most or all of the estate, children share what is left, and more distant relatives inherit only if there is no closer family.
The order is fixed by statute. It cannot be changed by what the deceased said, what the family believes was intended, or how long a partner shared their life. An unmarried partner, a stepchild who was never adopted, a close friend or a favourite charity receives nothing under the rules, however strong the relationship.
That rigidity is the main reason to make a will. Where it is too late for that, the family still has options: an agreed variation of the shares, or a court claim for reasonable financial provision. This guide explains the statutory order, the spouse's statutory legacy, the position of unmarried partners and how to make a claim, as of October 2026.
The legal framework in England and Wales
The core rules are in section 46 of the Administration of Estates Act 1925, as amended, most significantly by the Inheritance and Trustees' Powers Act 2014. Section 46 sets out who takes the "residuary estate", meaning what is left once funeral costs, debts, tax and administration expenses have been paid.
The spouse's fixed sum, known as the statutory legacy, is set by order and reviewed when consumer prices rise sharply. The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 raised it to £322,000 for deaths on or after 26 July 2023. As of October 2026, no later order has changed that figure.
Two further pieces of law sit alongside section 46. The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask the court to override the result where it does not make reasonable financial provision for them. The Non-Contentious Probate Rules 1987 decide who is entitled to apply for letters of administration, which is the grant used when there is no will.
Scotland and Northern Ireland
The intestacy rules UK nations apply are not uniform. Scotland has its own regime under the Succession (Scotland) Act 1964, with "prior rights" for a surviving spouse or civil partner in the home, furniture and a cash sum, followed by "legal rights" for the spouse and children in moveable property. Northern Ireland has separate legislation and its own statutory legacy figures. Where someone had links to more than one jurisdiction, domicile at death and the location of land both matter.
Who inherits: the statutory order
The table below summarises the order of entitlement that the intestacy rules UK families in England and Wales must follow. Each class takes only if every class above it is empty. Within a class, relatives share equally.
| Surviving family | Who takes the estate |
|---|---|
| Spouse or civil partner, no children or other descendants | The spouse or civil partner takes the whole estate absolutely, whatever its size. |
| Spouse or civil partner and children (or other descendants) | The spouse takes the personal chattels, the first £322,000 with interest, and half of the remainder. The other half goes to the children on the statutory trusts. |
| Children, no spouse or civil partner | The children share the whole estate equally. The children of a child who died first take their parent's share. |
| No spouse or descendants, but parents | Both parents share equally, or the surviving parent takes everything. |
| No parents | Full brothers and sisters, then half brothers and sisters (with nephews and nieces taking a predeceased sibling's share). |
| No siblings or their descendants | Grandparents, then full uncles and aunts, then half uncles and aunts (with cousins taking a predeceased uncle's or aunt's share). |
| No qualifying relatives | The estate passes to the Crown, the Duchy of Lancaster or the Duchy of Cornwall as bona vacantia. |
The 28-day survival rule
A spouse or civil partner must survive the deceased by 28 days to inherit. If they die within that period, the estate is distributed as if they had not survived. This prevents the estate passing through two sets of intestacy rules in quick succession.
What "children" means
Children inherit whether or not their parents were married, and legally adopted children are treated in the same way as birth children. A stepchild who was never formally adopted does not inherit under the rules, even after decades in the family. Children under 18 take their share on the statutory trusts, so the money is held by trustees until they reach adulthood or, in limited cases, marry earlier.
Separated and divorced spouses
A spouse who is separated but not divorced still inherits in full. Once a final divorce or dissolution order has been made, the former spouse has no entitlement. That gap catches many families out during a long separation, which is one reason to review succession planning as soon as a relationship breaks down.
The spouse's statutory legacy, explained
Where there are children, the surviving spouse or civil partner receives three things in this order. First, the personal chattels, which the 2014 reforms defined broadly as tangible movable property other than money, property held for business purposes and property held as an investment. Second, the statutory legacy of £322,000, free of tax and costs. Third, half of anything left over.
The statutory legacy carries simple interest from the date of death until it is paid. Section 46 links the rate to the Bank of England rate in force at the end of the day of death, so personal representatives should diarise the figure from the outset.
The statutory trusts mean the children's half is not simply handed over. A child takes an absolute interest only on reaching 18, so for young families a significant part of the estate may be tied up in trust. The intestacy rules UK courts apply also leave no room for the spouse to keep the children's share for household costs unless the trustees agree and the trust powers allow it.
The intestacy rules only reach property that forms part of the estate. A home owned as joint tenants passes to the surviving co-owner automatically, and pensions and life policies often pay out under a nomination or trust. Before assuming who inherits, list each asset and how it is held: the answer can be very different from the statutory table.
Unmarried partners and the intestacy rules
An unmarried partner has no automatic entitlement, however long the relationship. The idea of a "common law marriage" has no legal effect in England and Wales. Under the intestacy rules UK cohabitants can be left with nothing, and the estate may instead go to the deceased's children, parents or siblings.
The main remedy is a claim under the 1975 Act. Section 1 of the 1975 Act allows a person who lived with the deceased in the same household, as if they were a married couple or civil partners, for the whole of the two years before the death to apply. A partner who does not meet that test may still claim if they were being maintained by the deceased.
A cohabitant's claim is limited to what is reasonable for their maintenance, which is a lower standard than a surviving spouse enjoys. A spouse or civil partner can claim whatever provision is reasonable in all the circumstances, whether or not it is needed for maintenance. Our guide to cohabitation rights explains the wider position on property and children.
Reform proposals
In June 2026 the Ministry of Justice opened the consultation A fairer end to relationships, which closed on 14 August 2026. It sought views on modernising the law affecting cohabitants on intestacy and their access to financial provision from a deceased partner's estate. As of October 2026, these are proposals only: the current rules still apply to every death.
Making a claim or changing the result
Families who think the result is unfair have two main routes. The first is consensual; the second involves the court. In both cases timing matters.
- Secure the estate and identify the administrator. Locate any will first, including older ones, because a valid will displaces the rules entirely. If none exists, the person with the highest entitlement, usually the spouse or a child, applies for letters of administration through the probate process.
- Map the assets and how each is held. Separate jointly owned property, nominated pensions and policies in trust from the estate that passes under the rules. Value the estate for inheritance tax.
- Calculate each entitlement. Apply the statutory order, the 28-day survival rule and the statutory legacy with interest. Identify any minors whose shares must be held on trust.
- Consider an agreed variation. Adult beneficiaries can redirect their shares by a deed of variation within two years of the death. A properly drafted deed can also be effective for inheritance tax and capital gains tax purposes if the right statements are included.
- Assess a 1975 Act claim. A spouse, former spouse who has not remarried, child, person treated as a child of the family, qualifying cohabitant or dependant may claim. Gather evidence of the relationship, finances and needs.
- Issue within time. Section 4 of the 1975 Act requires an application within six months of the grant, unless the court gives permission. A claim can be made before the grant is issued.
- Negotiate and mediate. Most claims settle. Mediation or a round-table meeting, once disclosure has taken place, usually costs far less than a trial.
Our guide to Inheritance Act claims explains the court's factors and the evidence that carries weight.
An illustrative scenario
This example is illustrative only and does not describe a real client. A father dies in London without a will. He leaves a wife, two adult children from his marriage and an adult stepdaughter he raised but never adopted. His net estate, after debts, is £622,000 plus household contents. The family home was owned with his wife as joint tenants.
The home passes to his wife by survivorship and does not count towards the intestate estate. From the £622,000, she takes the household contents as personal chattels, the statutory legacy of £322,000 with interest and half of the remaining £300,000, so £150,000. The two children share the other £150,000 equally. The stepdaughter receives nothing under the rules.
Because she was treated as a child of the family, the stepdaughter may have a 1975 Act claim, but it is limited to reasonable maintenance and depends on her needs and resources. Alternatively, the wife and children could agree a deed of variation within two years to include her. Either way, a short will would have avoided the dispute.
Risks and common mistakes
Assuming a long-term partner will inherit
This is the most damaging misconception. Under the intestacy rules UK cohabitants have no entitlement, even after decades together and with children in common. The surviving partner may face a claim to the deceased's share of the home from the children or the deceased's parents. A 1975 Act claim is possible but uncertain, costly and limited to maintenance. The time limit also runs from the grant, which other relatives may take out without telling the partner. Anyone in this position should take advice promptly and consider entering a caveat if there is a risk of the estate being distributed.
Missing the six-month deadline
The six-month period for a 1975 Act claim runs from the first grant of representation, not from the death. Families often lose time grieving or negotiating informally and only then discover the deadline has passed. The court can extend time, but it looks at the length of the delay, the reasons for it, whether negotiations were under way and whether the estate has already been distributed. Personal representatives who wait six months before distributing are generally protected, so a late claimant may find little left to claim against.
Distributing too early or to the wrong people
Administrators who pay out before checking the family tree can be personally liable if a relative later appears with a better claim. Half-blood relatives, children born outside marriage and adopted children are common blind spots. Administrators should make proper enquiries, advertise for creditors under the statutory notice procedure and consider missing beneficiary insurance where the family tree is uncertain. A claim to a share of an estate can generally be brought for up to twelve years under the Limitation Act 1980, so mistakes do not quietly disappear.
Overlooking assets outside the estate
Joint bank accounts, jointly owned property held as joint tenants, pension death benefits and life policies written in trust often pass outside the intestacy rules. Treating them as part of the estate can distort every calculation, including the spouse's statutory legacy and the inheritance tax position. Equally, property held as tenants in common does form part of the estate. Check the title register and the policy and pension documents before advising the family on who receives what.
Cross-border estates and Bangladesh-linked families
For cross-border estates, the intestacy rules UK courts apply are only part of the picture. English intestacy rules govern movable property of someone domiciled in England and Wales, wherever it is located. Land, however, is generally governed by the law of the place where it is situated. A London resident who owns a flat in Dhaka or family land in Sylhet may therefore have that property pass under Bangladeshi succession law, which for Muslims follows Islamic inheritance principles with fixed shares for specified heirs.
The result can be two different distributions running in parallel, with separate grants or succession certificates in each country. Our guides on a UK will with Bangladesh assets and inheriting property in Bangladesh explain how families can coordinate the two systems. The same issues arise for property in the Gulf, the EU and Asia, where local forced heirship rules may apply.
What to do next: a checklist
- Search thoroughly for any will before concluding that the intestacy rules UK law sets will apply.
- Establish the deceased's domicile and where any land is located.
- List every asset and note whether it is held jointly, in trust or subject to a nomination.
- Work out the statutory entitlements, including interest on the statutory legacy.
- Identify anyone who may have a 1975 Act claim and note the six-month deadline.
- Consider a deed of variation within two years if the family wants a different result.
- Living partners who are not married should each make a will now.
TRW & Co's London office advises administrators, surviving partners and families on intestate estates, from applying for the grant to resolving claims. Our wills and estate planning and probate teams work with colleagues in Dhaka on cross-border estates. To discuss your situation, contact us: email info@trw.co, call +880 1779 127165, or visit us at Holborn Gate, 330 High Holborn, London WC1V 7QH.
Frequently asked questions
01Who inherits if there is no will in England?
The statutory order in section 46 of the Administration of Estates Act 1925 applies. A surviving spouse or civil partner with no children takes everything. If there are children, the spouse takes the personal chattels, a statutory legacy of £322,000 with interest and half of the remainder, and the children share the other half. With no spouse, children inherit equally. If there are no children, the estate passes to parents, then siblings, then grandparents, then uncles and aunts. If there are no qualifying relatives, it goes to the Crown as bona vacantia.
02Does an unmarried partner inherit under the intestacy rules?
No. Unmarried partners have no automatic right to inherit in England and Wales, whatever the length of the relationship, and common law marriage has no legal effect. A partner who lived with the deceased as a couple for the full two years before the death can claim under the Inheritance (Provision for Family and Dependants) Act 1975, as can someone who was being maintained by the deceased. The award is limited to reasonable maintenance. As of October 2026, the government has consulted on reform but the law has not changed.
03How much does a spouse get under the intestacy rules?
If there are no children or other descendants, the spouse or civil partner takes the entire estate. If there are children, the spouse receives the personal chattels, the statutory legacy of £322,000 (for deaths on or after 26 July 2023) with simple interest from the date of death, and half of anything left. The spouse must survive by 28 days. Property owned jointly as joint tenants passes outside the rules to the survivor, which often means a spouse receives more in practice.
04Do stepchildren inherit if there is no will?
Not under the intestacy rules, unless they were legally adopted by the person who died. Adopted children and children whose parents were not married inherit in the same way as other children. A stepchild who was treated as a child of the family may be able to bring a claim under the 1975 Act for reasonable maintenance. The beneficiaries can also agree to include a stepchild by signing a deed of variation within two years of the death.
05Can the family change who inherits under intestacy?
Yes. Adult beneficiaries can redirect all or part of their entitlement by a deed of variation made within two years of the death. If it contains the correct statements, the variation can be treated for inheritance tax and capital gains tax as if the deceased had made the gift. Beneficiaries under 18 cannot consent, so a variation that reduces a minor's share needs court approval. Alternatively, an eligible person can ask the court for provision under the 1975 Act.
06Are the intestacy rules the same across the UK?
No. England and Wales share one set of rules. Scotland has its own system, under which a surviving spouse or civil partner has prior rights in the home, furniture and a cash sum, and the spouse and children have legal rights in moveable property. Northern Ireland has separate legislation and its own figures. Which rules apply depends on the deceased's domicile for movable assets and on where any land is located.
Sources and official materials
- Administration of Estates Act 1925, section 46 — Statutory order of entitlement on intestacy
- Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — Sets the statutory legacy at £322,000 from 26 July 2023
- Inheritance (Provision for Family and Dependants) Act 1975, section 1 — Who may claim, including cohabitants of two years
- Inheritance (Provision for Family and Dependants) Act 1975, section 4 — Six-month time limit for claims
- GOV.UK: Who can inherit if someone dies without a will — Official intestacy tool for England and Wales
- Ministry of Justice: A fairer end to relationships — 2026 consultation including cohabitants on intestacy
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.