Quick Answer What are the Rules of Intestacy in the UK? Over 56% of UK adults have no will. When someone dies intestate (without a will), their estate does not pass to whoever they would have chosen — it passes according to a strict legal hierarchy established by the Administration of Estates Act 1925, updated in 2014. Updated April 2026 Advertisement Rules of Intestacy: Order of Inheritance England & Wales✅ Make a solicitor-checked will in minutes from £39.99. Start at Make a Will Online → Unmarried Partners: The Biggest Intestacy RiskThe most common and devastating consequence of dying without a will is for unmarried cohabiting couples. Regardless of how long you have lived together, an unmarried partner has zero automatic right to inherit under the Rules of Intestacy. The entire estate passes to blood relatives — or even to the Crown — while the surviving partner may lose their home. Important: There is no such thing as a “common law spouse” in English law. Cohabiting for 20 years gives you no automatic inheritance rights without a will. What About Stepchildren?Stepchildren have no automatic right to inherit under the Rules of Intestacy unless they were legally adopted. Only biological or legally adopted children are recognised. If you want a stepchild to inherit, you must make a will. What Happens to the Family Home Under Intestacy?If the family home is owned jointly as joint tenants, it passes automatically to the surviving owner outside of intestacy. But if it is owned as tenants in common (each person owns a distinct share), the deceased’s share passes under the intestacy rules — which could mean a spouse inheriting only part of their own home alongside adult children. Bottom line: The Rules of Intestacy rarely reflect what people actually want. Unmarried partners are completely excluded. Stepchildren receive nothing. Making a will is the only way to ensure your estate passes according to your wishes. Advertisement Frequently Asked QuestionsWhat are the Rules of Intestacy UK? The Rules of Intestacy are the legal formula that determines who inherits an estate when someone dies without a will in England and Wales. They follow a strict hierarchy: spouse/civil partner first, then children, then parents, then siblings, then more distant relatives. Unmarried partners receive nothing. Who inherits if there is no will UK? In England and Wales without a will: if married with children, the spouse gets all personal property plus the first £322,000 and half the remainder; children share the other half. If no children, the spouse inherits everything. Unmarried partners receive nothing. Does an unmarried partner inherit without a will UK? No. An unmarried partner has zero automatic right to inherit under the Rules of Intestacy in England and Wales, regardless of how long they have lived together. Only a valid will can protect a cohabiting partner. Do stepchildren inherit under intestacy UK? No. Stepchildren have no automatic right to inherit under the Rules of Intestacy unless they were legally adopted. You must make a will to include a stepchild. What is the statutory legacy under intestacy 2026? The statutory legacy (the amount a spouse receives before the estate is split with children) is £322,000 in England and Wales as of 2024, uprated periodically by statutory instrument. This article is for informational purposes only and does not constitute legal advice. Contains affiliate links — we may earn a commission at no extra cost to you. |
Rules of Intestacy UK 2026: Who Inherits When There Is No Will?
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