Intestacy Rules in England and Wales

What are the intestacy rules?

The intestacy rules are the laws that determine who inherits your estate if you die without a valid will. They're set out in the Administration of Estates Act 1925 and have been updated several times since, most recently in 2023 when the statutory legacy was increased to £322,000.

These rules apply in England and Wales only. Scotland and Northern Ireland have separate systems.

The order of inheritance

The intestacy rules follow a strict hierarchy. Your estate passes to the first qualifying group — if no one in that group exists, it moves to the next.

1. Spouse or civil partner (with children)

If you leave a surviving spouse or civil partner and children:

• Spouse gets: all personal possessions, the first £322,000 (the "statutory legacy"), and half of anything above that amount
• Children get: the other half of anything above £322,000, divided equally between them

If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing under the intestacy rules.

2. Spouse or civil partner (no children)

If you leave a spouse or civil partner but no children, parents, or siblings, your spouse inherits your entire estate.

3. Children (no spouse)

If there's no surviving spouse or civil partner, your children inherit everything, divided equally. This includes adopted children but not stepchildren.

If any of your children have died before you, their share passes to their own children (your grandchildren) instead.

4. Parents

If you have no spouse, civil partner, or children, your parents inherit equally. If only one parent survives, they take the whole estate.

5. Siblings

Full siblings (sharing both parents) inherit next, equally. If any sibling has died, their children inherit their share.

Half-siblings only inherit if there are no full siblings.

6. Grandparents

If none of the above relatives survive, your grandparents inherit equally.

7. Aunts and uncles

Full aunts and uncles (siblings of your parents) come next. Again, their children can inherit their share if they've died.

Half-aunts and half-uncles inherit only if there are no full aunts and uncles.

8. The Crown (bona vacantia)

If absolutely no qualifying relatives can be found, your entire estate passes to the Crown. In practice, this is managed by the Government Legal Department.

Who is excluded from the intestacy rules?

The rules are strict about who can and cannot inherit:

• Unmarried partners — no entitlement at all, regardless of how long you've been together
• Stepchildren — no entitlement unless legally adopted
• Friends — no entitlement
• Carers — no entitlement
• Charities — no entitlement

The statutory legacy: £322,000

The statutory legacy is the fixed sum that a surviving spouse receives before the estate is split with children. It was increased from £270,000 to £322,000 in January 2024.

This figure is reviewed periodically and tends to increase over time. For estates below this threshold, the spouse effectively inherits everything.

Jointly owned property

How jointly owned property is treated depends on how it's held:

• Joint tenants: the property passes automatically to the surviving owner, outside the intestacy rules
• Tenants in common: the deceased's share forms part of their estate and is subject to the intestacy rules

Most married couples own their home as joint tenants, which means the surviving spouse keeps the home regardless of intestacy. But this isn't always the case — it's worth checking.

Can the intestacy rules be challenged?

Yes, in limited circumstances. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to the court for reasonable financial provision. This includes:

• A spouse or civil partner
• A former spouse who hasn't remarried
• A cohabiting partner (who lived with the deceased for at least two years)
• A child of the deceased
• Anyone maintained by the deceased

However, these claims are expensive, uncertain, and stressful for everyone involved. A will avoids this entirely.

If you believe you have grounds for a claim under the 1975 Act, specialist advice from a contentious probate organisation like C-PAID can help — they offer free initial consultations.

The simple solution

The intestacy rules are a safety net, not a plan. They were never designed to reflect your personal wishes or family dynamics. The only reliable way to control who inherits your estate is to make a will.