Intestacy guidance | England and Wales
Who Inherits When There Is No Will?
Intestacy determines who receives the estate when there is no valid will. Begin with the family relationships, the date of death and which assets actually fall into the intestate estate.
General guidance. Sources checked 1 October 2026. The facts and any proposed legal step require individual assessment.
Who can administer the estate and who inherits from it are related, but they are not interchangeable. These guides explain the starting points without determining any particular person’s entitlement.
Start With the Estate and the Date of Death
These rules concern assets passing under intestacy. They do not necessarily govern everything associated with the deceased. A beneficial joint tenancy normally passes to the surviving owner; a tenancy-in-common share does not pass automatically that way. Check the ownership records before calculating anyone’s share.
The date of death determines which version of the rules applies. This page summarises the present England-and-Wales position; earlier deaths and cross-border estates need separate checking.
Source: GOV.UK joint property ownership.
If a Spouse or Civil Partner Survives
| Family position | Starting point |
|---|---|
| Spouse or civil partner; no descendants | The spouse or civil partner ordinarily inherits the entire intestate estate. |
| Spouse or civil partner and descendants | The spouse or civil partner receives personal chattels, the statutory legacy with interest, and half the remaining residue. Descendants share the other half under the statutory trusts. |
“Descendants” can include grandchildren where a child has died before the deceased. Personal chattels do not simply mean all assets: money, business assets and items held solely as investments are excluded from that definition.
Source: HMRC surviving-spouse and civil-partner guidance.
The current statutory legacy is £322,000 for deaths from 26 July 2023. It is not a tax allowance and is not a promise of £322,000 if the relevant estate cannot meet it. Earlier deaths may involve a different amount. Check HMRC’s fixed-sum dates.
A spouse or civil partner must meet the applicable survival requirement: for deaths from 1 January 1996, survival for at least 28 days is required. Divorce, dissolution and judicial separation may affect entitlement and need checking. See HMRC’s qualifications to entitlement.
If There Is No Entitled Spouse or Civil Partner
The ordinary sequence is children or their descendants; parents; full siblings or their descendants; half siblings or their descendants; grandparents; full-blood uncles and aunts or their descendants; then half-blood uncles and aunts or their descendants. A later class does not share simply because its members are close to the deceased.
Children from different relationships and legally adopted children are included. Stepchildren do not inherit merely because they are stepchildren. Where someone has died before the deceased, trace the relevant family branch rather than dividing equally between every living relative.
Minor beneficiaries may require trust arrangements. If there are no entitled relatives, bona vacantia rules apply, potentially involving the Crown or a Duchy.
If an inheritance question becomes a disagreement about information, expenses or proposed distributions, identify what records have been requested and what has already been supplied. See our guide to beneficiary requests for estate accounts for the distinction between progress updates and formal accounts.
Source: HMRC division-of-estate guidance.
Unmarried Partners and Family Expectations
An unmarried partner or friend does not receive an automatic intestacy share because of that relationship. That does not settle every possible right: joint ownership or a potential financial-provision claim may need separate advice.
Do not distribute simply because relatives agree informally about what the deceased would have wanted. Establish the lawful entitlement, liabilities and any relevant claims first. If a claim is threatened, seek prompt advice about deadlines and the appropriate representation.
Source: HMRC intestacy guidance.
Check Your Family Position
Use the official checker as an initial route, then verify the relationships, estate composition and applicable dates. It cannot resolve disputed evidence or provide authority to distribute a particular estate.
If a Disagreement Is Holding the Estate Up
Human Law supports stalled or disputed estates. Justin Patten can assess the particular blockage through a Stage 01 review for £400 + VAT, subject to suitability and conflict checks. It includes a 30-minute consultation, up to 20 selected core pages and a two-page Action Plan.
Human Law does not provide routine grant applications or estate administration, conduct litigation or act on the court record. For an uncomplicated application, use official guidance or a probate practitioner providing that service.
Explore Stage 01 — £400 + VAT →The review does not guarantee that Human Law can undertake the next step. If there is an urgent deadline, court proceeding or immediate asset risk, seek prompt appropriate advice.
Related Intestacy Guides
For other administrative blockages, use the existing seven-route Problem Finder.