When someone dies without a valid will, they die "intestate", and the law, not their wishes, decides who inherits. In England and Wales the rules are set out in the Administration of Estates Act 1925 (as amended). They can produce results people don't expect, particularly for unmarried partners. Here is a plain-English guide.
Important: the intestacy rules decide who inherits only the deceased's probate estate (what is left to distribute under the administration after debts are paid). Some assets pass outside the estate and are not governed by these rules: for example, property owned as joint tenants (which passes to the surviving co-owner by survivorship), pension or death-benefit lump sums paid under a nomination or scheme discretion, and assets held in trust (including life policies written in trust).
Who can deal with the estate?
With no will there are no executors. Instead, a close relative (in a statutory order of priority) applies to the Probate Registry for a grant of letters of administration, becoming the administrator who collects in the estate, pays debts and distributes it under the intestacy rules.
The order of distribution
Who inherits depends on who survives the deceased. The main rules are:
If there is a surviving spouse or civil partner
- Spouse/civil partner but no children (or other descendants): the spouse/civil partner inherits the whole estate.
- Spouse/civil partner and children: the spouse/civil partner receives:
- all the deceased's personal chattels (personal possessions);
- a statutory legacy, a fixed sum of £322,000 (the figure set from 26 July 2023); and
- half of the remainder of the estate.
The children share the other half equally (held on trust until they reach 18).
Note: the partners must have been married or in a civil partnership, and the spouse must usually survive by 28 days.
If there is no surviving spouse or civil partner
The estate passes to relatives in this order, the first category with a living member taking everything (equally):
- Children (and their descendants if a child has died);
- then parents;
- then brothers and sisters (of the whole blood, then half blood) and their descendants;
- then grandparents;
- then aunts and uncles (and their descendants);
- finally, if no relatives qualify, the estate passes to the Crown (bona vacantia).
The big trap: unmarried partners and others get nothing
The intestacy rules recognise only spouses/civil partners and blood relatives. They exclude:
- cohabiting (unmarried) partners, no matter how long together;
- step-children who were not legally adopted;
- close friends and carers.
Such people may, however, bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision if they were maintained by, or in certain relationships with, the deceased, though this means going to court and is uncertain.
Why making a will matters
Intestacy can mean:
- your partner inherits nothing (or your home has to be sold);
- assets pass to estranged relatives;
- no tax planning, possibly a larger Inheritance Tax bill;
- delay, cost and family disputes.
A valid will lets you choose who inherits, appoint executors and guardians, and plan for tax, which is why it is strongly advised, especially for unmarried couples and blended families.
Key takeaways
- Dying without a will means the intestacy rules (Administration of Estates Act 1925) decide who inherits the probate estate, but jointly owned assets (by survivorship), nominated pensions/death benefits and trust assets fall outside these rules.
- A surviving spouse/civil partner takes everything if there are no children; if there are children, they take chattels + a £322,000 statutory legacy + half the remainder, with children taking the rest.
- With no spouse/civil partner, the estate passes down a fixed order of blood relatives (children, parents, siblings…), or to the Crown if none.
- Unmarried partners, step-children and friends inherit nothing under intestacy (though some may claim under the 1975 Act), so making a will is essential.
Sources
- Administration of Estates Act 1925 (intestacy rules and order of distribution), as amended; the £322,000 statutory legacy (from 26 July 2023)
- Inheritance (Provision for Family and Dependants) Act 1975 (claims for reasonable financial provision)
- Non-Contentious Probate Rules (priority to apply for letters of administration)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.