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Wills and intestacy

Who Inherits if There is No Will?

When someone dies without a valid Will, the Rules of Intestacy determine who inherits the estate. These rules apply automatically and follow a strict priority order.

The inheritance priority order

  • A surviving spouse or civil partner: receives all personal possessions, the first £322,000 (£270,000 if the death was before 26 July 2023), and half of anything above that. Children share the other half.
  • Children inherit equally if there is no surviving spouse or civil partner. If a child has predeceased, their children take their share.
  • If there is no spouse, civil partner, or children: parents, then siblings, then other relatives in a defined order.
  • If no eligible relative is found: the estate passes to the Crown as bona vacantia.

Who does not automatically inherit

Unmarried partners have no automatic entitlement, however long the relationship. Neither do stepchildren (unless adopted), friends, carers, or charities. An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires Court proceedings and specialist legal advice.

YouCanDoProbate’s Intestacy Walkthrough works through the applicable Rules of Intestacy for your specific family circumstances and confirms who is entitled to what.

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Additional costs: The probate registry fee of £526 (for all estates over £5,000) and any additional official copies at £2 each. (Payable directly to HM Courts and Tribunals Service by cheque or postal order, enclosed with your application forms).
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© YouCanDoProbate • YouCanDoProbate is a trading name of Kabing Ltd.
YouCanDoProbate is an online platform providing legal forms and information. YouCanDoProbate is not a law firm and is not regulated by the Solicitors Regulation Authority (SRA). Our online probate and inheritance tax service is an online platform providing probate and inheritance tax forms and information to allow you to complete inheritance tax returns and apply for probate yourself. Our telephone, email and livechat support provides guidance only, we do not provide bespoke advice, including estate planning or tax advice and it is not a substitute for a lawyer’s advice about complex estate planning or tax issues.
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