Intestacy Rules: Who Inherits If There's No Will?

When someone passes away, their estate—money, property, and possessions—needs to be distributed. If they left a valid will, their wishes dictate who inherits. But what happens when there is no will or the will is invalid? This is where intestacy rules come into play.

Intestacy laws determine who inherits the estate based on a fixed legal order, which may not always align with what the deceased would have wanted. This guide will help you understand common misconceptions, who inherits under intestacy rules, and how to handle an intestate estate that often leads to confusion.

Common Misconceptions About Intestacy

Misconception #1: "Common-Law Spouses Have Equal Rights"

This is one of the most common misunderstandings. In reality, only legally married spouses or registered civil partners inherit under intestacy rules. Even if you lived together for decades, shared finances, and had children, an unmarried partner has no automatic claim to the estate.

Misconception #2: "The Surviving Spouse Inherits Everything"

While a surviving spouse may inherit everything if there are no children, the situation changes if the deceased had children. As of 2023, the spouse inherits the first £322,000, all personal belongings, and half of the remaining estate. The other half is split equally among the children. This means that in cases where the estate is substantial, the surviving spouse may not automatically receive everything.

Misconception #3: "Stepchildren Have Inheritance Rights"

Stepchildren do not inherit under intestacy laws unless they were legally adopted by the deceased. If a person dies without a will, only biological and legally adopted children have inheritance rights.

Misconception #4: "Estates Without Family Go to the Government"

Although an estate can eventually pass to the Crown under bona vacantia rules, this only happens when no surviving relatives can be found. Intestacy laws prioritize a long list of eligible relatives—starting with spouses and children, then moving to parents, siblings, nieces, nephews, and even distant cousins—before considering the government as the ultimate inheritor.

Misconception #5: "The Eldest Relative Takes Priority"

Some people assume that the eldest child or eldest living relative inherits first. However, intestacy laws do not prioritize inheritance based on age. Instead, they follow a set legal order based on the closeness of the familial relationship. Children, for example, inherit equally, regardless of birth order.

Who Inherits Under Intestacy Rules?

Intestacy laws follow a strict hierarchy to determine who inherits an estate.

If the Deceased Was Married or in a Civil Partnership with Children

• The spouse gets the first £322,000
• All personal possessions go to the spouse
• Half of the remaining estate goes to the spouse
• The other half is divided equally among the children

If the Deceased Was Married or in a Civil Partnership without Children, the spouse inherits everything

If the Deceased Was Unmarried or Divorced, the estate is distributed in the following order:

1. Children (biological and legally adopted)

   • The estate is divided equally among all surviving children
   • If a child has passed away, their share goes to their children (the deceased's grandchildren)

2. Parents

   • If no children, the estate goes to parents
   • Shared equally if both parents are alive

3. Siblings (full blood)

   • If no parents, estate divided among full siblings
   • If a sibling has passed away, their children inherit their share

4. Half-siblings

   • If no full siblings, inheritance passes to half-siblings
   • If a half-sibling has passed away, their children inherit their share

5. Grandparents

   • If no siblings, estate goes to grandparents
   • Shared equally if multiple grandparents are alive

6. Aunts and Uncles (full blood)

   • If no grandparents, estate passes to full-blood aunts and uncles
   • If an aunt or uncle has passed away, their children inherit their share

7. Half-Aunts and Half-Uncles

   • If no full aunts/uncles, estate goes to half-blood aunts and uncles

8. Cousins

   • If no closer relatives exist, estate shared among surviving cousins

What If There Are No Living Relatives? If no eligible heirs exist, the estate goes to the Crown under the bona vacantia rules. The government may distribute assets at its discretion.

How to Handle an Intestate Estate

Managing an intestate estate follows a similar process to handling an estate with a will. You still need to:

• Value the assets
• Pay any required Inheritance Tax
• Determine whether probate is necessary

The key difference is that instead of applying for a Grant of Probate, you'll need to apply for Letters of Administration using a different form (PA1A, instead of PA1P).

The right to apply follows strict intestacy rules. In most cases, the person who stands to inherit the largest share of the estate under intestacy laws is the one who should apply. Up to four people can apply together, provided they have an equal legal right.

For a step-by-step guide on what to do after losing a loved one, read Checklist No One Talks About: 9 Steps When a Loved One Dies.

This article is for informational purposes only and does not constitute legal advice. For specific guidance relevant to your situation, please consult a qualified legal professional.

Last updated: March 18, 2025