Intestacy Rules UK 2026

UK adults without a will, and families dealing with a relative who died without one, need to understand the intestacy rules, because these statutory rules decide who inherits. This guide explains intestacy in England and Wales: the order of entitlement, the statutory legacy for a surviving spouse, and why unmarried partners can be left with nothing. It cites the Administration of Estates Act 1925 and gov.uk. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone affected by an intestacy should consult an SRA-authorised solicitor or Citizens Advice.

What intestacy means

A person dies intestate when they die without a valid will, or where a will fails to dispose of all of their estate. In that situation the law, not the deceased, decides who inherits. The rules are set out in the Administration of Estates Act 1925 and the regulations made under it, and they apply in England and Wales (legislation.gov.uk). Scotland and Northern Ireland have their own separate intestacy rules.

The intestacy rules work as a fixed order of entitlement. They look first to a surviving spouse or civil partner and to children, and then, if there are none, to other relatives in a set sequence. The rules apply rigidly and take no account of the deceased's wishes, relationships, or promises. This is the central reason a will matters: without one, the estate is distributed according to a statutory formula that may bear little resemblance to what the person would have wanted.

Who inherits and in what order

If the deceased leaves a spouse or civil partner and children, the spouse receives all the personal possessions, a statutory legacy of £322,000, and half of whatever remains, while the children share the other half equally (The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, legislation.gov.uk). The statutory legacy figure is set by regulation and is reviewed periodically. If the deceased leaves a spouse or civil partner but no children, the spouse or civil partner inherits the entire estate (Administration of Estates Act 1925, legislation.gov.uk).

Where there is no surviving spouse or civil partner, the estate passes to the children in equal shares. If there are no children, it passes down a defined order: first to parents, then to brothers and sisters of the whole blood and their children, then to half-blood siblings and their children, then to grandparents, and then to aunts and uncles and their children (gov.uk, accessed June 2026). If no relative in this order survives, the estate passes to the Crown as bona vacantia. The order is strict, and a more distant relative inherits only where no closer one exists.

Who is left out

The intestacy rules protect married and civil partners and blood relatives, but they leave out people that many would expect to benefit. An unmarried partner, however long the relationship, has no automatic entitlement under intestacy, even where the couple lived together and shared a home (gov.uk, accessed June 2026). The same applies to stepchildren who were never legally adopted, and to close friends and carers.

People left out by the intestacy rules are not always without options. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people, including a cohabiting partner who meets the conditions, to apply to a court for provision from the estate (gov.uk, accessed June 2026). Such claims are uncertain, can be slow and costly, and are no substitute for a will. The simplest way to provide for an unmarried partner or a stepchild is to make a will naming them, since the intestacy rules will never do so.

The process when someone dies intestate

1. Confirm there is no valid will. Check thoroughly for a will before treating the estate as intestate (gov.uk, accessed June 2026).
2. Identify who can apply. The person entitled to inherit under the intestacy rules, usually the closest relative, can apply to administer the estate (Administration of Estates Act 1925, legislation.gov.uk).
3. Apply for letters of administration. That person applies to HM Courts and Tribunals Service for a grant of letters of administration (gov.uk, accessed June 2026).
4. Deal with inheritance tax. Report the estate to HMRC and pay any inheritance tax due before or alongside the grant (HMRC, gov.uk, accessed June 2026).
5. Collect and distribute. The administrator collects the assets, pays debts, and distributes the estate under the intestacy rules (Administration of Estates Act 1925, legislation.gov.uk).

How this connects to wills and probate

The intestacy rules are the default that a will exists to override. Writing a valid will is the only way to ensure an estate passes according to a person's wishes rather than the statutory order. Where there is no will, the estate is administered through the letters of administration route rather than a grant of probate, and the person who applies is an administrator rather than an executor.

Intestacy and probate are therefore closely linked. The guide to probate without a will sets out the practical steps for the person dealing with an intestate estate. The key point across all of these is that intestacy removes choice: the deceased had no say in who inherits or who administers the estate. A will restores that choice, names an executor, and can provide for people the intestacy rules ignore.

When to use a solicitor versus doing it yourself

Some intestate estates are simple enough to administer without a solicitor, for example where a surviving spouse inherits everything and the estate is straightforward (gov.uk, accessed June 2026). The application for letters of administration can be made directly to HM Courts and Tribunals Service.

Professional help becomes more important where the intestacy is complex: where there are children from more than one relationship, where an unmarried partner or stepchild may have a claim, where relatives are hard to trace, or where the estate is large enough to face inheritance tax. A solicitor can advise on entitlement, handle claims under the 1975 Act, and reduce the risk of distributing the estate incorrectly, which can leave the administrator personally liable. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision depends on the complexity of the family and the estate.

FAQ: intestacy rules in the UK

What happens if I die without a will?

The intestacy rules in the Administration of Estates Act 1925 decide who inherits (legislation.gov.uk). A surviving spouse or civil partner with children receives the personal possessions, a statutory legacy of £322,000, and half of the remainder, with the children sharing the other half. A spouse with no children inherits everything. Unmarried partners receive nothing automatically.

How much does a surviving spouse inherit under intestacy?

Where there are children, the spouse or civil partner receives the personal possessions, a statutory legacy of £322,000 set by the Fixed Net Sum Order 2023, and half of anything above that, with the children sharing the other half (legislation.gov.uk). Where there are no children, the spouse or civil partner inherits the entire estate under the Administration of Estates Act 1925.

Does my unmarried partner inherit if I have no will?

No. An unmarried partner has no automatic entitlement under the intestacy rules, regardless of how long the couple were together or whether they lived together (gov.uk, accessed June 2026). A cohabiting partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but such claims are uncertain. Making a will is the reliable way to provide for an unmarried partner.

Who inherits if there is no spouse or children?

The estate passes down a set order: parents, then siblings of the whole blood and their children, then half-blood siblings, then grandparents, then aunts and uncles and their children (gov.uk, accessed June 2026). A more distant relative inherits only where no closer one survives. If no relative in this order survives, the estate passes to the Crown as bona vacantia.

Who deals with an estate when there is no will?

The person entitled to inherit under the intestacy rules, usually the closest relative, applies to HM Courts and Tribunals Service for letters of administration and becomes the administrator (gov.uk, accessed June 2026). This differs from an estate with a will, where the named executor applies for a grant of probate. The administrator collects the assets, pays debts and tax, and distributes the estate under the rules.