Who Can Inherit if There is no Will – Intestacy Rules
In this guide, we’ll describe intestacy rules in the UK, including the classification of relatives, differences in intestacy rules in Scotland, and what your role could be in the process with regards to probate and executing the process.
Intestacy Rules UK: What Happens When Someone Dies Without a Will
If someone dies without a Will, or with a Will that is not legally valid, their estate is divided according to the rules of intestacy. These rules set out a strict hierarchy of relatives who are entitled to inherit — regardless of the closeness of relationships or who might benefit most. This guide explains how intestacy works in England, Wales, and Scotland, who can administer an intestate estate, and what your options are if you need financial support during the process.
What is intestacy?
If you die without a Will in the UK, your death is considered ‘intestate’ — a term deriving from the Latin for ‘without a testament’.
Dying intestate means your money and property will be divided according to a legal default rather than your own wishes. As set out in the Inheritance and Trustees’ Powers Act, the rules of intestacy apportion your estate based on family connections. They do not consider the closeness of your relationships or who would benefit most — they follow a strict hierarchical classification.
Intestacy laws differ in Scotland from those in England and Wales. You can also apply to become the administrator of an intestate estate, taking responsibility for valuing and distributing inheritances and settling any debts — all according to intestacy laws.
What are the rules of intestacy in the UK?
Intestacy rules dictate how the estate of the deceased is distributed among existing relatives. Assets are allocated according to a strict priority order, with the spouse or civil partner of the deceased at the top.
If the deceased has no spouse or civil partner, the estate passes to the next category in the hierarchy. If no living relatives exist at all, the entire estate passes to the Crown — known as bona vacantia (‘ownerless goods’).
Intestacy priority order in the UK
| Priority | Relative |
|---|---|
| 1 | Surviving spouse or civil partner |
| 2 | Children or grandchildren |
| 3 | Parents |
| 4 | Full siblings (both parents the same) or their children |
| 5 | Half siblings (one parent the same) or their children |
| 6 | Grandparents |
| 7 | Full aunts and uncles or their children |
| 8 | Half aunts and uncles or their children |
If the deceased does not have a relative in a given category, the estate moves to the next category down until a living relative is found.
Case categories for intestacy laws in the UK (England and Wales)
The scenarios below explain how an estate would be distributed under intestacy rules in England and Wales. For intestacy rules in Scotland, see the section below.
Summary of intestacy scenarios
| Situation | Who inherits | How much |
|---|---|---|
| Married / civil partnership with children | Spouse or civil partner, then children | Spouse receives all personal belongings + first £270,000 + half the residue. Children share the other half of the residue equally. |
| Married / civil partnership without children | Spouse or civil partner | Entire estate |
| Unmarried with children or grandchildren | Children (biological or adopted), or grandchildren if a child has died | Equal share of the entire estate, received at age 18 |
| Unmarried without children or grandchildren | First living relative in the intestacy priority order | Entire estate |
Married or in a civil partnership with children — detail
The spouse or civil partner receives all the deceased’s personal property and belongings (regardless of value) plus the first £270,000 of the estate’s assets (including property). If the estate is worth more than £270,000, the residue (the amount above £270,000) is split as follows:
- The spouse or civil partner receives an absolute interest in half of the residue.
- The other half of the residue is split equally between the surviving children. If a child has already died and has their own children, those grandchildren inherit their parent’s share.
Note: an unmarried partner (boyfriend or girlfriend) is not entitled to any share of the estate under intestacy rules, even if you lived together. Conversely, an estranged spouse or civil partner who is still legally bound to the deceased at the time of death is entitled to inherit.
Unmarried with children or grandchildren
The children of the deceased — adopted or biological — receive an equal share of the entire estate upon turning 18. If a child has already died, their children (the deceased’s grandchildren or great-grandchildren) can inherit their share.
Unmarried without children or grandchildren
The entire estate passes to the first living relative in the intestacy priority order above. For a simple breakdown of your own circumstances, visit the gov.uk intestacy guide.
Intestacy rules in Scotland
Intestacy laws in Scotland differ from those in England and Wales. A surviving spouse or civil partner has prior rights to the estate, which entitle them to:
- A share of up to £473,000 of the family home (if the home is in Scotland and the deceased was a resident at the time of death)
- A share of up to £29,000 in household contents
- A share of up to £50,000 in moveable assets if the legal partner has children, or up to £89,000 if they do not
The remainder of the estate is then distributed according to legal rights, which shares the residue between the spouse or civil partner and any children, or other immediate family. If the deceased has no legal partner, children, or grandchildren, the estate is allocated to immediate family under the Succession (Scotland) Act.
Administering an intestate estate — who can apply for probate?
When someone dies with a Will, an Executor named in the Will carries out the deceased’s wishes. When someone dies without a Will, an Administrator is required — typically a close relative or next of kin, though a solicitor can also take on this role.
In Scotland, the Administrator is known as the executor dative.
To become the Administrator, you must apply for letters of administration, a process similar to executing a Will. Your responsibilities will include:
- Valuing the estate
- Completing the probate application and relevant inheritance tax forms
- Swearing an oath and paying a probate fee
- Valuing and distributing inheritances according to intestacy rules
- Settling any debts the estate owes
Due to the complexity involved, many administrators choose to engage a probate specialist. This typically costs a few thousand pounds but is often worthwhile for families without the time or expertise to handle the process themselves.
If the deceased has no spouse, civil partner, or surviving family, HM Treasury takes responsibility for handling the process.
Intestacy rules FAQs
What if partners jointly own a property or other assets?
There are two ways to jointly own a property. If partners are beneficial joint tenants at the time of death, the surviving partner automatically inherits the other partner’s share. If they are tenants in common, the surviving partner does not automatically inherit the deceased’s share — it forms part of the intestate estate.
Joint bank or building society accounts pass automatically to the surviving partner and do not form part of the intestate estate.
Who cannot inherit from an intestate estate?
The following people are not entitled to inherit when someone dies without a Will:
- Unmarried partners (sometimes called common-law partners)
- Relations by marriage or arrangement — in-laws, stepchildren, and foster children
- Close friends
- Carers
For these people to benefit from an estate, they must be named in a valid Will. For an unmarried partner to inherit, the couple must marry or enter a civil partnership.
Can intestacy rules be challenged?
You cannot challenge the rules of intestacy in the same way you can challenge a Will, but you can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision — for example, if you believe your loved one would have wanted to leave you an inheritance. This route is available to unmarried partners and stepchildren who were not adopted.
Claims must be brought within six months of the granting of the administration of the estate.
You can also make a claim on bona vacantia assets if the deceased had no legal partner or living relatives and the estate has passed to the Crown. Search for such an estate via the government’s unclaimed estates list. A claim can be made within 12 years of the administration being completed (to receive interest on your share) or up to 30 years from the date of death (without interest).
Can cousins inherit under intestacy in the UK?
First cousins can inherit from an intestate estate, but they sit at the bottom of the priority order — behind legal partners, children, grandchildren, parents, full and half siblings, and grandparents. Second cousins are not entitled to inherit under intestacy rules in the UK.
Can shares of intestate estates be rearranged?
Yes — you can rearrange how an intestate estate is distributed, provided everyone entitled under the rules of intestacy agrees. Any rearrangement must be made within two years of the death.
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