What are the Rules of Intestacy?

The Rules of Intestacy are the legal rules that determine who inherits when someone dies without a valid Will in England and Wales. They apply automatically and follow a defined priority order based on family relationships.

The priority order

Surviving spouse or civil partner

Where the deceased leaves a surviving spouse or civil partner and no children, the entire estate passes to the surviving spouse. Where there are also children, the surviving spouse receives all personal possessions, the first £322,000 of the rest of the estate, and half of anything above £322,000. The children share the other half.

Children

Where there is no surviving spouse or civil partner, the estate passes equally between the children. If a child has already died, their share passes to their own children equally.

Other relatives

If there are no children, the estate passes to parents, then siblings, then half-siblings, then grandparents, then aunts and uncles, then half-aunts and half-uncles. If no qualifying relative is found, the estate passes to the Crown.

Who does not inherit under intestacy?

• Unmarried or cohabiting partners, regardless of how long the relationship lasted
• Stepchildren who were not legally adopted
• Friends, carers, or others the deceased may have wished to benefit
• Charities the deceased may have supported

YouCanDoProbate’s Intestacy Walkthrough guides you through the family circumstances step by step to establish who is entitled to inherit without requiring you to know the rules.