Intestacy rules in England and Wales: who inherits without a will?

For families in England and Wales: find who inherits when someone dies without a will, including the £322,000 spouse share and the order of relatives.

Intestacy rules in England and Wales: who inherits without a will?CHECK THE RULES APPLYSPOUSE OR CIVIL PARTNERRELATIVES IN ORDERScotland or Northern IrelandOutside the UKEngland and WalesYesNoYesNoYesNoYesNoYesNoYesNoYesNoYesNoYesNoYesNoYesNoYesNoSomeone has died without avalid willFor deaths on or after 26 July 2023 inEngland and Wales: find out whoinherits under the intestacy ruleswhen there is no will.These are the rules from theAdministration of Estates Act 1925,section 46. Earlier deaths usedifferent amounts.Where was the persondomiciled?Domicile is the place they treated astheir permanent home, or the placethey intended to return to livepermanently.Different rules apply. Getlegal adviceScotland and Northern Ireland havetheir own intestacy rules. Use thegov.uk checker or a local solicitor.Get legal advice on whichlaw appliesIntestacy rules for Englandand Wales applyDoes the estate includejointly owned property orforeign assets?Property owned as joint tenantsgoes automatically to the otherowner. It does not pass under theintestacy rules.A share held as tenants in commondoes not pass automatically to theother owners. Get advice if there areassets abroad.Get legal advice on what is inthe estateWork out what passes outside theestate before you apply the rulesbelow.Work out the net estateGov.uk advises getting legal advice towork out the net value of the estate,as this is legally complex.Was anyone left out whodepended on the person?For example an unmarried partner, aformer spouse who has notremarried, a stepchild treated asfamily, or anyone the person wassupporting.Get legal advice about anInheritance Act claimThey can ask a court for reasonablefinancial provision under theInheritance (Provision for Family andDependants) Act 1975. A cohabitantqualifies after living with the personas a couple for the 2 years beforethe death.Apply within 6 months of the datethe grant of representation was firsttaken out. Later claims need thecourt's permission.The rules below still decide thestarting shares. A court order canchange them.Apply the intestacy rulesbelowIs there a surviving husband,wife or civil partner?They must have been married to, orin a civil partnership with, the personwhen they died. They must surviveby 28 days to inherit.A partner who was not married or ina civil partnership has no automaticright to inherit.Are there any living childrenor other descendants?Include adopted children and theirdescendants. Stepchildren do notcount unless legally adopted.Count a child who died before theperson if that child left children oftheir own.Spouse or civil partnerinherits the whole estateIs the estate worthmore than£322,000?Spouse or civil partnerinherits the whole estateSpouse gets £322,000,personal possessions andhalf the restThe £322,000 is the statutory legacy.It carries simple interest at the Bankof England rate from the date ofdeath until paid.The children share the other half ofthe estate above £322,000 equally.Children's half is held untileach child is 18A child's share vests at 18, or earlieron marriage or civil partnership. If achild died before the person, theirown children take that share.Estate split between spouseand childrenCheck the relatives in orderAre there any living childrenor other descendants?Include adopted children.Stepchildren do not count unlesslegally adopted.Children share the estateequallyIf a child died before the person, thatchild's children inherit their share intheir place.Shares for anyone under 18 are helduntil they reach 18, marry or form acivil partnership.Children and descendantsinheritAre any parentsalive?Parents share the estateequallyAny brothers or sisters ofthe whole blood?Full brothers and sisters, sharingboth parents. If one died first, theirchildren (nieces and nephews) taketheir share.Full brothers and sistersshare the estateAny half-brothers orhalf-sisters?Sharing one parent. If one died first,their children take their share.Step-siblings do not count.Half-brothers andhalf-sisters share the estateAre anygrandparents alive?Grandparents share theestate equallyAny aunts or uncles of thewhole blood?Full brothers and sisters of theperson's parents. If one died first,their children (cousins) take theirshare.Aunts and uncles share theestateAny half-aunts orhalf-uncles?Half-brothers and half-sisters of theperson's parents. If one died first,their children take their share.Half-aunts and half-unclesshare the estateEstate goes to the Crown asbona vacantiaWith no entitled relatives, the estatepasses to the Crown as ownerlessproperty.Relatives who think they are entitledcan check the unclaimed estates liston gov.uk and make a claim.

Check the rules apply

  1. Someone has died without a valid will

    For deaths on or after 26 July 2023 in England and Wales: find out who inherits under the intestacy rules when there is no will.

    These are the rules from the Administration of Estates Act 1925, section 46. Earlier deaths use different amounts.

  2. Where was the person domiciled?

    Domicile is the place they treated as their permanent home, or the place they intended to return to live permanently.

  3. Intestacy rules for England and Wales apply
  4. Does the estate include jointly owned property or foreign assets?

    Property owned as joint tenants goes automatically to the other owner. It does not pass under the intestacy rules.

    A share held as tenants in common does not pass automatically to the other owners. Get advice if there are assets abroad.

  5. Work out the net estate

    Gov.uk advises getting legal advice to work out the net value of the estate, as this is legally complex.

  6. Was anyone left out who depended on the person?

    For example an unmarried partner, a former spouse who has not remarried, a stepchild treated as family, or anyone the person was supporting.

  7. Apply the intestacy rules below

Spouse or civil partner

  1. Is there a surviving husband, wife or civil partner?

    They must have been married to, or in a civil partnership with, the person when they died. They must survive by 28 days to inherit.

    A partner who was not married or in a civil partnership has no automatic right to inherit.

  2. Are there any living children or other descendants?

    Include adopted children and their descendants. Stepchildren do not count unless legally adopted.

    Count a child who died before the person if that child left children of their own.

  3. Spouse or civil partner inherits the whole estate
  4. Is the estate worth more than £322,000?
  5. Spouse or civil partner inherits the whole estate
  6. Spouse gets £322,000, personal possessions and half the rest

    The £322,000 is the statutory legacy. It carries simple interest at the Bank of England rate from the date of death until paid.

    The children share the other half of the estate above £322,000 equally.

  7. Children's half is held until each child is 18

    A child's share vests at 18, or earlier on marriage or civil partnership. If a child died before the person, their own children take that share.

  8. Estate split between spouse and children
  9. Check the relatives in order

Relatives in order

  1. Are there any living children or other descendants?

    Include adopted children. Stepchildren do not count unless legally adopted.

  2. Children share the estate equally

    If a child died before the person, that child's children inherit their share in their place.

    Shares for anyone under 18 are held until they reach 18, marry or form a civil partnership.

  3. Children and descendants inherit
  4. Are any parents alive?
  5. Parents share the estate equally
  6. Any brothers or sisters of the whole blood?

    Full brothers and sisters, sharing both parents. If one died first, their children (nieces and nephews) take their share.

  7. Full brothers and sisters share the estate
  8. Any half-brothers or half-sisters?

    Sharing one parent. If one died first, their children take their share. Step-siblings do not count.

  9. Half-brothers and half-sisters share the estate
  10. Are any grandparents alive?
  11. Grandparents share the estate equally
  12. Any aunts or uncles of the whole blood?

    Full brothers and sisters of the person's parents. If one died first, their children (cousins) take their share.

  13. Aunts and uncles share the estate
  14. Any half-aunts or half-uncles?

    Half-brothers and half-sisters of the person's parents. If one died first, their children take their share.

  15. Half-aunts and half-uncles share the estate
  16. Estate goes to the Crown as bona vacantia

    With no entitled relatives, the estate passes to the Crown as ownerless property.

    Relatives who think they are entitled can check the unclaimed estates list on gov.uk and make a claim.

Outcomes

Spouse or civil partner inherits the whole estate

You get here from step 13, Are there any living children or other descendants? (No).

Spouse or civil partner inherits the whole estate

You get here from step 15, Is the estate worth more than £322,000? (No).

Estate split between spouse and children

You get here from step 18, Children's half is held until each child is 18.

Children and descendants inherit

You get here from step 22, Children share the estate equally.

Parents share the estate equally

You get here from step 24, Are any parents alive? (Yes).

Full brothers and sisters share the estate

You get here from step 26, Any brothers or sisters of the whole blood? (Yes).

Half-brothers and half-sisters share the estate

You get here from step 28, Any half-brothers or half-sisters? (Yes).

Grandparents share the estate equally

You get here from step 30, Are any grandparents alive? (Yes).

Aunts and uncles share the estate

You get here from step 32, Any aunts or uncles of the whole blood? (Yes).

Half-aunts and half-uncles share the estate

You get here from step 34, Any half-aunts or half-uncles? (Yes).

Estate goes to the Crown as bona vacantia

With no entitled relatives, the estate passes to the Crown as ownerless property.

Relatives who think they are entitled can check the unclaimed estates list on gov.uk and make a claim.

You get here from step 34, Any half-aunts or half-uncles? (No).