Dying without a will in England: who inherits under the intestacy rules
Published · 3 min read · Figures checked . UK rules and rates change, so check the official sources below before you act.
When someone dies without a valid will, fixed legal rules decide who inherits, not the person's wishes. This guide explains how those rules work in England, why partners who are not married get nothing, and what happens if no relatives can be found.
What the rules are
If a person dies without a will, this is called dying intestate. Their money, property and possessions are shared out under a set order of who is entitled. GOV.UK describes its guidance on this as helping work out who is entitled to a share of someone's money, property and possessions. Someone will also need to apply for probate to deal with the estate.
The order depends on who is still alive. A surviving husband, wife or civil partner comes first, and children come next. The rules below follow the Citizens Advice guidance, which covers England. Rules in Scotland and Northern Ireland are different, and Citizens Advice has separate pages for Wales, Scotland and Northern Ireland, so people in those places need to check their own nation's guidance.
Married or civil partners
A divorced former spouse, or someone whose civil partnership has legally ended, cannot inherit under these rules. A couple who are separated but still legally married can.
Children
If there is no surviving partner, the children inherit the whole estate, however large, shared equally between them. Adopted children can inherit. Stepchildren can only inherit if they were adopted by the stepparent. Children under 18 receive their share through a trust until they turn 18.
Grandchildren and great-grandchildren inherit only in some situations, for example when their own parent died before the person who has died. They then share what their parent would have received.
Unmarried partners
Partners who lived together but were not married or in a civil partnership are sometimes called common-law partners, but the law does not give them a right to inherit under these rules. Citizens Advice gives an example of an unmarried partner receiving nothing. This is one of the main reasons many people look at making a will.
Jointly owned property and accounts
- A home owned as beneficial joint tenants passes automatically to the surviving owner, so it does not follow the intestacy order.
- A home owned as tenants in common does not pass automatically.
- Joint bank and building society accounts pass automatically to the surviving account holder.
When there are no relatives
If there is no will and no known relatives who can inherit, the property becomes what the law calls bona vacantia, meaning ownerless property, and it passes to the Crown. GOV.UK says relatives can check whether an estate is listed, confirm that they are entitled, and make a claim. Someone who is not a relative, such as a person who lived with or cared for the deceased, may be able to apply for a grant from the estate.
Changing the outcome
Citizens Advice explains that everyone over 18 who would inherit can agree a different split within 2 years of the death, using a deed of variation or family arrangement. A person who would be significantly worse off, or who cannot inherit at all, may be able to ask a court for financial provision from the estate, which usually needs specialist legal advice. It is also possible to disclaim an inheritance, and advice is available on how this could affect benefits.
Who this guide applies to, and who it does not
Where to get help
Free help is available from Citizens Advice. A solicitor can be found through the Law Society. Cruse Bereavement Care offers support for grief on 0808 808 1677 (number given by Citizens Advice).
Check before you act
Rules, thresholds and personal circumstances change. It can be worth confirming the details on the official pages linked below before relying on any figure here.
Sources
For information only. See our disclaimer and editorial standards. Spotted an error? Tell us.
