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. Being entitled to a share does not itself authorise you to administer the estate. See who can administer an intestate estate.
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 or dissolution may affect entitlement and should be checked. Informal separation does not by itself remove a spouse’s intestacy entitlement. Where a judicial separation order is in force and the separation continues at death, different statutory rules apply. Check the legal status and relevant orders before calculating entitlement. 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.
Example: a deceased child’s descendants
Illustration only: there is no surviving spouse or civil partner. The deceased had two children: one survives, and the other died earlier leaving two adult children who both survive the deceased. Assuming no other relevant issue, the surviving child receives one half of the intestate estate. The two grandchildren share their parent’s half, receiving one quarter each.
The grandchildren take through their parent’s branch, rather than all three relatives sharing equally. Check the family records, survival and the statutory trusts; different facts, including minors, can change the administration required.
What if there is a valid will as well?
A will may leave part of the estate undisposed of. The intestacy rules then apply to that part, subject to the will and applicable law. Do not apply a whole-estate example without first identifying what passes under the will and what falls into intestacy. Read No will: where to start and Who can administer?
What if entitlement or ownership is disputed?
An inheritance checker cannot decide whether a child has been omitted, a family relationship is established or a disputed asset belongs to the estate. Identify the precise disagreement and the records needed to resolve it—for example, relationship certificates, ownership documents or relevant correspondence.
Distinguish uncertainty about who inherits from difficulty locating someone whose entitlement is accepted. Our missing-beneficiary guide addresses the latter. Where conflicting evidence prevents progress, a focused review can identify the information and advice needed before distribution is considered.
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
Justin Patten can assess the particular blockage through an assessment for £480 including VAT, subject to suitability and conflict checks. It includes a 30-minute consultation, up to 40 selected core pages and a two-page Action Plan.
Human Law provides advice, negotiation and separately agreed Probate Registry work for stalled or disputed estates. For routine grant applications and administration, use official guidance or a probate practitioner providing those services. Wider contested proceedings require a separate litigation practitioner.
Mention any deadline or immediate concern when enquiring; urgent protection may need prompt specialist advice. You can use the Action Plan independently; further work requires your approval of scope and fee.
Related Intestacy Guides
For other estate problems, browse the guidance or use the Problem Finder.
Any further work requires a separately agreed scope and fee, with your prior written approval before it begins.
Have a deadline? Call 01279 215580 · Monday–Friday, 9am–5pm. Tell us the date.
An enquiry does not pause a deadline. If urgent protection or court action is needed, seek prompt advice from a solicitor able to take that step rather than waiting for our reply.