What Happens to Your Estate When You Die Without a Will in the UK

When a person dies without leaving a valid will in England and Wales, they are said to have died intestate. Intestacy rules set out in the Administration of Estates Act 1925, as updated by subsequent legislation, determine exactly who inherits and in what order. The rules do not consider the length of a relationship, the wishes of the deceased, or any informal promises made during their lifetime.

Who inherits when there is no will

The intestacy rules create a strict order of priority. A surviving spouse or civil partner is at the top of the list. If there are no children, the spouse inherits everything. If there are children, the spouse receives the first £322,000 plus half of what remains, with the other half shared equally among the children.

If there is no surviving spouse, the estate passes to children in equal shares. If a child has died before the deceased but left their own children, those grandchildren inherit their parent’s share. If there are no children or grandchildren, the estate passes to parents, then to full siblings, then to half-siblings, then to grandparents, then to aunts and uncles.

Unmarried cohabiting partners receive nothing under intestacy rules regardless of the length of the relationship, shared assets, or dependent children. The only routes available to them are a claim under the Inheritance (Provision for Family and Dependants) Act 1975, or a property claim if they can demonstrate a beneficial interest in jointly held property.

What is probate and when is it needed

Probate is the legal process of administering a deceased person’s estate. Where there is a will, the executor named in it applies for a Grant of Probate from the Probate Registry. Where there is no will, a close relative applies for Letters of Administration, which gives them the legal authority to administer the estate as an administrator.

Most financial institutions and land registries require either a Grant of Probate or Letters of Administration before releasing assets or transferring property. Banks typically require probate for accounts above £5,000, though thresholds vary by institution. The process takes on average 12 to 16 weeks for straightforward estates, considerably longer for contested or complex ones.

Inheritance tax and the nil-rate band

Inheritance tax applies to the value of an estate above the nil-rate band of £325,000. The current rate is 40 per cent. A surviving spouse or civil partner can inherit their partner’s unused nil-rate band, effectively doubling the threshold to £650,000 for the survivor’s estate.

A further residence nil-rate band of up to £175,000 applies where a main residence passes to a direct descendant. This brings the maximum tax-free amount to £500,000 per person, or £1 million for a married couple, subject to conditions. Estates above £2 million see the residence nil-rate band tapered away at a rate of £1 for every £2 above the threshold.

Gifts made more than seven years before death are generally exempt from inheritance tax. Gifts within seven years may be subject to taper relief depending on timing.

Practical steps while the law remains unchanged

Making a valid will is the only way to control who inherits. A basic will costs from around £100 through a solicitor and must be signed in the presence of two witnesses. Online will services are available for simpler estates.

A cohabitation agreement or declaration of trust can protect the property interests of an unmarried partner where a will does not cover every scenario. A power of attorney should accompany any will, dealing with decisions during life rather than after death.

Reviewing a will after major life events, including marriage, divorce, the birth of children, or a significant change in assets, is strongly advisable. Marriage revokes a previous will automatically in England and Wales.

Frequently asked questions

Does a spouse automatically inherit everything if there is no will?

Not necessarily. Where there are children, a spouse or civil partner inherits the first £322,000 of the estate plus half of the remainder under current intestacy rules. The other half goes to the children in equal shares.

Do unmarried partners inherit under intestacy rules?

No. Unmarried cohabiting partners have no automatic inheritance rights under the intestacy rules of England and Wales, regardless of the length of the relationship. The only routes open to them are a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or a beneficial property interest claim.

How much inheritance tax will the estate pay?

Inheritance tax is charged at 40 per cent on the value of the estate above £325,000. A residence nil-rate band of up to £175,000 may also apply where a main home passes to a direct descendant. A surviving spouse can inherit the deceased’s unused nil-rate band.

Is probate always required?

Not always. Very small estates, jointly owned assets passing by survivorship, and assets held in trust may not require probate. Most banks require probate for accounts above around £5,000, though the threshold varies by institution.