Intestacy rules: who inherits if there is no will?

What is intestacy?

Dying without a valid will is known as dying ‘intestate’.

This can happen if you die without ever having made a will, or if you don’t have a valid will.

When someone dies without a will, their estate is distributed according to the rules of intestacy. These rules differ in the devolved nations but are based on spousal and family connections.

Dying without a will could mean the people you care most about don't receive anything from your estate: there’s no provision for unmarried partners or stepchildren or foster-children, and the rules don’t take into account the closeness of your relationships or who is in most need.

Mistakes to avoid

Holly Lanyon, researcher/writer says:

Only one in ten people told us they don’t have a will at all, when we surveyed 1,360 members of the Which? Connect panel in October 2025.

But a will that hasn’t been reviewed, has been changed incorrectly or can’t be found when it’s needed may not work in the way you expect – and in some cases can be treated as though it never existed.

The government recommends reviewing your will every five years and after major life events, such as marriage or civil partnership, or the birth or adoption of a child. But in our survey, around three in five of those who have a will said they haven’t updated it in the past five years. 

Some changes automatically affect your will. In England, Northern Ireland and Wales, civil partnership or marriage or revokes an existing will, so you’re at risk of dying intestate until a new one is made. 

And make sure your executor knows where your will is stored. One in 10 respondents in our survey said they haven’t told their executor where their will is, and a further 8% couldn’t remember whether or not they had.

• Find out more: five mistakes not to make with your will

What happens if you die without a valid will?

Intestacy rules follow a strict order based on spousal and family connections. How exactly your estate will be divided depends on who survives you.

There are different legal frameworks in England and Wales, Scotland and Northern Ireland. Here, we explain how intestacy rules work in each nation.

• Find out more: how to make a will

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Intestacy in England and Wales

• If you’re married or in a civil partnership and don’t have children/grandchildren: everything will be passed to your spouse.
• If you’re married or in a civil partnership and have children: your spouse or civil partner keeps all assets (including property) up to £322,000 along with all your personal possessions, along with half of the remainder of the estate. (It is worth noting that any property that passes by survivorship will not form part of this). The remaining half is divided equally by surviving children. If a child has died, their children inherit in their place.
• If you’re unmarried and have children: everything is shared equally between your children. If a child has died, their children inherit in their place.
• If you’re unmarried and have no children, your entire estate will be distributed in the following order:
  1. Your parents
  2. Your siblings (or their children, if they’ve died)
  3. Half siblings (or their children, if they’ve died)
  4. Grandparents
  5. Aunts and uncles (or their children, if they’ve died)
  6. Half aunts and uncles (or their children, if they’ve died
• If you’re unmarried with no surviving relatives covered under intestacy: your entire estate is passed to the Crown if none of the above can be traced or fail to come forward to claim your estate.

Biological and adopted children are treated equally under intestacy, but there is no provision for step-children or foster children. There’s also no provision for cohabiting partners.

Intestacy in Scotland

If you die without a will in Scotland, your estate is distributed according to the rights of succession.

If you have a spouse or civil partner and children, they’ll have a particular right to claim on your estate. Once these rights have been satisfied the rest of your estate will be distributed according to the order of succession. 

Prior rights

Prior rights give your spouse or civil partner the right to:

• The house, up to a value of £473,000. They must usually be living in the property when you died.
• The contents of the home, up to a value of £29,000.
• A cash right. How much they're entitled to depends on whether you have children. If there are no surviving children, it's £89,000. If there are surviving children, it's £50,000.

Legal rights

Legal rights give your surviving spouse or civil partner and children a share of the rest of the estate. How much each person receives depends on who survives you.

• If you have a surviving spouse/partner and children: your spouse will receive a third and your children will receive a third (shared equally between them).
• If you have a surviving spouse/partner and no children: your spouse will receive half of the remaining estate.
• If you have surviving children and no partner: your children will receive half of the remaining estate (shared equally between them).

The free estate

The rest of your estate will be passed on in the following order:

• Children (or their children, if they’ve died)
• Spouse or civil partner
• Parents and siblings - with one half shared equally between any parents and one half shared equally between any siblings
• Aunts and uncles (or their children, if they’ve died)
• Grandparents
• Siblings of grandparents
• More distant ancestors
• If no surviving relatives can be found, the estate will be passed to the Crown.

Intestacy in Northern Ireland

• If you’re married or in a civil partnership and don’t have children/grandchildren: everything will be passed to your spouse or civil partner.
• If you’re married or in a civil partnership and have children: your spouse or civil partner keeps all assets (including property) up to £250,000 along with all your personal possessions.
  • If you have one child: your spouse/civil partner receives half of the remaining estate
  • If you have more than one child: your spouse/civil partner receives a third of the remaining estate.
  • The remainder of the estate is distributed in the following order of priority:
    1. Children (or grandchildren if there are no surviving children) get an equal share
    2. Surviving parents
    3. Siblings (or their children if the siblings died while the deceased was still alive)
    4. If none of the above family survive you, your spouse or civil partners will receive everything.

• If you’re unmarried and have children: everything is shared equally between your children. Again, if a child has died, their children inherit in their place.
• If you’re unmarried and have no children, your entire estate will be distributed to the following relatives (in order of priority):
  1. Your parents
  2. Your siblings (or to their children if your siblings have died)
  3. Grandparents
  4. Aunts and uncles (or to their children if your aunts and uncles have died)
• If you’re unmarried with no surviving relatives covered under intestacy law: your entire estate is passed to the crown.

In Northern Ireland, half-blood relatives are treated the same as whole blood relatives. Biological and adopted children are treated equally under intestacy law, but there is no provision for step-children or foster children.

How to administer an intestate estate

The process for administering an estate works slightly differently when someone dies without a will. 

When someone dies with a valid will, their named executor normally needs to apply for probate, or confirmation in Scotland, to gain the right to administer their affairs.

When someone dies without a will, at least one of the people due to inherit under the intestacy of the deceased will usually need to apply for letters of administration. In Scotland, they may need to apply to act as executor dative before obtaining confirmation.

Here, we explain how to obtain letters of administration or confirmation when someone dies without a will. 

It’s worth noting that this is just one part of the process of administering an estate. For more information about the entire process and a step-by-step guide see our guide to probate.

• Find out more: 7 things you should know about acting as an executor

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England and Wales

When someone dies intestate in England and Wales, the closest living relative will usually need to apply to be the administrator of the estate. This is normally the spouse or civil partner or adult children.

You may not need letters of administration if:

• The value of the estate is small 
• Property is held jointly - this will automatically be passed to the surviving owner
• The estate is insolvent.

You can apply for letters of administration online or by post using form PA1A (although there are restrictions on who can apply online).

If the value of the estate is less than £5,000 there is no fee. If the estate is over £5,000 you’ll need to pay a £526 application fee.

Scotland

In Scotland, if someone dies without a will someone will normally be appointed as an ‘executor-dative’. This is often the surviving spouse or civil partner, or someone who is entitled to inherit from the estate. The Scottish government recommends seeking legal advice about this process.

You will usually also need to apply for a ‘bond of caution’ - a type of insurance policy that protects the beneficiaries from financial losses if you mishandle the estate. You don’t need a bond of caution if:

• The deceased’s spouse or civil partner inherits the whole estate
• It’s a ‘small estate’ (worth less than £36,000) and the sheriff clerk’s office helps you prepare the inventory

You will then usually need to apply for confirmation. How this process works depends on the size of the estate. For more information, visit the Scottish Courts and Tribunal service.

Northern Ireland

In Northern Ireland, a close relative will normally need to apply to be the administrator of the estate. This is often the spouse or civil partner, parent or adult child.

You might not need to letters of administration if:

• The estate is worth less than £10,000 and doesn’t contain land, property or shares
• The whole estate is held in joint names and is passed automatically to the surviving owner.

You can apply for letters of administration by post or online. Visit nidirect.gov for more information.

If the estate is worth less than £10,000 there is no fee to apply for letters administration. If the estate is worth more than £10,000, it will cost £326, plus an additional £81 personal applicant fee if you apply without a solicitor. 

What happens to unclaimed estates?

When a deceased person has no known relatives, or nobody comes forward to claim the estate their estate is passed to the Crown. These assets are known as 'bona vacantia' - ownerless goods.

If you believe you’re entitled to a share of a bona vacantia estate, you may be able to make a claim:

• Visit gov.uk for information about how to claim estates held in England and Wales (excluding Cornwall and Lancaster)
• Visit Farrer and Co for information about estates held in the Duchies of Cornwall and Lancaster
• Visit The King’s and Lord Treasurer’s Remembrance site for information about unclaimed estates in Scotland.
• Phone the Crown Solicitor’s Office For Northern Ireland on 028 9054 6037 for information about unclaimed estates in Northern Ireland.