What happens if there's no will — intestacy rules explained

Dying without a will

When someone dies without a valid will — or with a will that is invalid — they are said to have died intestate. In England and Wales, the estate is then distributed according to the Intestacy Rules, set out in the Administration of Estates Act 1925 (as amended).

The intestacy rules follow a strict priority order and often produce results that don’t reflect what the deceased would have wanted. This is why writing a will is so important.

Who inherits under intestacy rules?

The rules create a clear priority order. Only the first category that applies inherits:

1. Surviving spouse or civil partner

A surviving spouse or civil partner inherits:

• All personal belongings (“personal chattels”)
• The first £322,000 of the estate (the “statutory legacy”)
• Half of everything above that sum (the other half goes to the deceased’s children)

Statutory legacy last verified: 2026-05-28. This figure is set by statutory instrument and may be updated by the Lord Chancellor.

If the deceased had no children, the spouse or civil partner inherits the entire estate.

Important: Cohabiting partners (people who live together but are not married or in a civil partnership) have no legal right to inherit under intestacy, regardless of how long they lived together. This is one of the most common and painful consequences of not having a will.

2. Children

Children inherit equally if there is no surviving spouse or civil partner (or inherit half the estate above the statutory legacy if there is one).

“Children” includes: biological children, adopted children, and children born outside marriage. It does not include step-children (unless they were legally adopted).

If a child has already died but left children of their own (i.e. grandchildren of the deceased), the grandchildren inherit their parent’s share equally (this is called “representation”).

Inheritance by children under 18 is held in trust until they reach 18.

3. If no spouse or children: other relatives (in order)

If there is no surviving spouse/civil partner or children, the estate passes to relatives in this order:

1. Parents (equally if both survive)
2. Full siblings (equally; their children inherit if a sibling has died)
3. Half-siblings
4. Grandparents
5. Full aunts and uncles (or their children if they have died)
6. Half aunts and uncles
7. The Crown (bona vacantia — if no qualifying relatives)

What the intestacy rules don’t cover

Several types of asset pass outside the estate regardless of the intestacy rules:

• Jointly owned property held as “joint tenants” — passes automatically to the surviving owner
• Pensions with a nominated beneficiary — paid directly to the named person
• Life insurance written in trust — paid to the named beneficiaries
• Assets held in a trust — governed by the trust deed

Applying for Letters of Administration

Without a will, there is no executor. Instead, an “administrator” applies for Letters of Administration, which gives the same authority as a Grant of Probate.

The application is made using form PA1A. The person with the highest intestacy entitlement applies first (spouse/civil partner, then children, etc.).

TidyEstate handles intestate estates — just select “no will” when setting up your case and we’ll use the PA1A form and adjust the guidance throughout.

Challenging the intestacy rules

If someone is financially dependent on the deceased and is not provided for under the intestacy rules, they may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This includes cohabiting partners, children, and anyone else who was financially maintained by the deceased.

Such claims are complex and require legal advice — this is beyond what TidyEstate covers. If this applies to your estate, we’ll flag it and recommend you instruct a regulated solicitor.

How to avoid this: write a will

The intestacy rules can mean:

• An unmarried partner inherits nothing
• A family home has to be sold to satisfy the intestacy split
• Estranged relatives inherit instead of chosen friends
• A charity that was important to the deceased receives nothing

A simple will avoids all of this. After completing probate with TidyEstate, you’ll be prompted to write your own will for £59.