Check the rules apply
- 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.
- 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.
- Scotland or Northern Ireland: go to step 3, Different rules apply. Get legal advice
- Outside the UK: go to step 4, Get legal advice on which law applies
- England and Wales: go to step 5, Intestacy rules for England and Wales apply
- Different rules apply. Get legal advice
Scotland and Northern Ireland have their own intestacy rules. Use the gov.uk checker or a local solicitor.
- Get legal advice on which law applies
- Intestacy rules for England and Wales apply
- 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.
- Yes: go to step 7, Get legal advice on what is in the estate
- No: go to step 8, Work out the net estate
- Get legal advice on what is in the estate
Work out what passes outside the estate before you apply the rules below.
Then go to step 9, Was anyone left out who depended on the person?
- 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.
- 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.
- Get legal advice about an Inheritance Act claim
They can ask a court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. A cohabitant qualifies after living with the person as a couple for the 2 years before the death.
Apply within 6 months of the date the grant of representation was first taken out. Later claims need the court's permission.
The rules below still decide the starting shares. A court order can change them.
- Apply the intestacy rules below
Spouse or civil partner
- 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.
- 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.
- Spouse or civil partner inherits the whole estate
- Is the estate worth more than £322,000?
- Spouse or civil partner inherits the whole estate
- 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.
- 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.
- Estate split between spouse and children
- Check the relatives in order
Relatives in order
- Are there any living children or other descendants?
Include adopted children. Stepchildren do not count unless legally adopted.
- Yes: go to step 22, Children share the estate equally
- No: go to step 24, Are any parents alive?
- Children and descendants inherit
- Are any parents alive?
- 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.
- Any half-brothers or half-sisters?
Sharing one parent. If one died first, their children take their share. Step-siblings do not count.
- Are any grandparents alive?
- 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.
- Yes: go to step 33, Aunts and uncles share the estate
- No: go to step 34, Any half-aunts or half-uncles?
- 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.
- 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.