What happens to your estate if you die without a will in England and Wales

Dying without a valid will is called dying intestate. When this happens, your estate does not automatically pass to the people you would choose. Instead, a fixed legal framework, the intestacy rules, determines who inherits, in what order, and in what proportions.

The rules can produce outcomes that most people would find unexpected, unwanted, or financially damaging.

The intestacy rules: who inherits

The intestacy rules in England and Wales follow a strict hierarchy. Only married or civil partners and blood relatives can benefit. The rules work down the hierarchy until a qualifying person is found. [1]

If you are married or in a civil partnership with children Your spouse or civil partner receives:

• All personal possessions
• The first £322,000 of the estate (the "statutory legacy", this figure is periodically updated) [2]
• Half of everything above £322,000

Your children share the remaining half of everything above £322,000 equally, held on a statutory trust until they reach 18.

If you are married or in a civil partnership with no children Your spouse or civil partner receives the entire estate.

If you are unmarried An unmarried partner, regardless of how long you have been together, whether you have children together, or whether you own property together, receives nothing under the intestacy rules.

The estate passes instead to blood relatives in this order:

1. Children (equally)
2. Parents (equally)
3. Full siblings (or their children if a sibling has died)
4. Half siblings
5. Grandparents
6. Aunts and uncles (or their children)
7. Half aunts and uncles

If no qualifying relative can be found, the estate passes to the Crown (known as "bona vacantia").

The unmarried partner problem

This is the most significant and most common consequence of dying intestate. Cohabiting couples have no automatic inheritance rights under English law. There is no concept of a "common law spouse" for inheritance purposes.

A person who has lived with a partner for 20 years, raised children with them, and owns a home jointly with them will receive nothing from the intestate estate (though jointly owned property passes separately, by survivorship). [1]

The surviving partner can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, but this requires court proceedings, is not guaranteed to succeed, and can be expensive and traumatic. A valid will eliminates the need for any such claim.

Children and the intestacy rules

Under intestacy, children's shares are held on a statutory trust until age 18. This means an 18-year-old inherits potentially significant assets outright, without restriction. Most parents would prefer to provide for children in a more structured way, with trustees able to release assets at an appropriate age and pace.

Children born outside marriage have full inheritance rights under the intestacy rules. Stepchildren who have not been legally adopted do not, they receive nothing under intestacy unless the deceased was their legal parent.

What intestacy does not cover

The following assets are not governed by a will (or by intestacy rules), regardless of the deceased's wishes:

• Jointly owned property: passes automatically to the surviving co-owner by survivorship (if held as joint tenants)
• Pension death benefits: distributed at the discretion of the pension trustees, guided by your nomination form (note: from April 2027, most unused pension funds and death benefits will be included in the estate for IHT calculation) [3]
• Life insurance in trust: pays to the trust, outside the estate
• Jointly held bank accounts: usually pass by survivorship

These assets should be reviewed separately from your will. In particular, pension nominations should be reviewed and updated regularly, they are not overridden by a will or by intestacy.

Why wills are updated regularly, not just once

A will made before significant life events may no longer reflect your wishes:

• Marriage revokes a previous will entirely in England and Wales
• Divorce does not revoke a will but treats gifts to a former spouse as lapsed
• Birth of children, acquisition of property, or changes in family relationships may all require a review
• A will made decades ago may not include children or grandchildren born since

A will that is out of date can be as harmful as no will at all.

Frequently asked questions

Is an unmarried partner entitled to anything if I die intestate? No. Under the intestacy rules in England and Wales, an unmarried partner has no automatic right to inherit. They can make a court claim under the Inheritance Act but this is not guaranteed. A valid will is the only certain way to provide for an unmarried partner.

What is the statutory legacy? The statutory legacy is the fixed amount that a surviving spouse or civil partner receives from the estate before the remainder is divided. It currently stands at £322,000 (as updated in July 2023) and is periodically reviewed by the Lord Chancellor. [2]

Do stepchildren inherit under intestacy? Not automatically. Stepchildren who have not been legally adopted have no inheritance rights under the intestacy rules. They inherit only if provided for in a valid will.

Does a will need to be registered or filed? No. However, the National Will Register allows solicitors and will-writers to record the existence of a will. Registering a will makes it easier for executors to locate it after death.

What is a Grant of Probate, and do you need one for an intestate estate? Probate (or Letters of Administration, in the case of intestacy) is the legal authority to administer the estate. It is required for most estates with significant assets. Under intestacy, the court grants administration to the next of kin rather than to named executors.

This article provides general information only and does not constitute personal financial or tax advice. Intestacy rules apply specifically to England and Wales. Different rules apply in Scotland and Northern Ireland. Tardi Group recommends professional advice for your specific circumstances.