What happens if you die without a Will?
If you die without a Will, you're said to have died "intestate", and the law decides who inherits, not you. Your husband, wife or civil partner and your children usually come first. An unmarried partner gets nothing, however long you've been together, and stepchildren don't inherit unless they were adopted. Choose who you were living with and whether you have children below to see exactly who would inherit.
The rules below apply in England and Wales.
Answer:
Your Spouse or Civil Partner will receive:
- ALL of your Personal Possessions
- Just the first £322,000 of your Estate plus interest on that amount from date of death.
- Then 50% only of what's left of your Estate.
Your Children (excludes step-children) inherit:
- the other 50% of your Estate
- If one of your children has died before you, their own children take their share
Answer:
The surviving Spouse or Civil Partner will receive:
- 100% of your Estate
Answer:
Your partner will receive:
- Nothing - unmarried partners are not recognised under the Laws of Intestacy
There is no such thing as a "common law" husband or wife in England and Wales. However long you have lived together, an unmarried partner inherits nothing under the intestacy rules. They may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, but this can be slow, costly and uncertain, which is one of the best reasons to make a Will.
Answer:
Your partner will receive:
- Nothing - unmarried partners are not recognised under the Laws of Intestacy
Your Children (step-children excluded) will receive:
- 100% of your Estate in equal shares if more than one
- If one of your children has died before you, their own children take their share
Your partner may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, but this can be slow, costly and uncertain.
Answer:
Your Children (Step-Children excluded) will receive:
- 100% of your Estate shared equally between them
- If one of your children has died before you, their own children take their share
Answer:
If you have living Parents, they will inherit:
- Everything, and if more than one in equal shares
Answer:
Your Estate gets shared between:
- Any surviving FULL Siblings, and if no FULL siblings then your HALF Siblings
- If a brother or sister has died before you, their children (your nieces and nephews) take their share
If no surviving Siblings and NO half Siblings:
- Your surviving Grand Parents inherit everything
If you have NO surviving Grand Parents:
- Then your Aunties and Uncles inherit equally - FULL blood Aunts and Uncles first, and HALF blood Aunts and Uncles only if there are none
- If an Aunt or Uncle has died before you, their children (your cousins) take their share
If you have neither surviving Aunts or Uncles:
- 100% of your Estate will pass to the CROWN
What else happens when there's no Will?
The intestacy rules only decide who inherits. Dying without a Will also means:
- Nobody you've chosen is in charge. A relative has to apply to the court for "letters of administration" before they can deal with your estate, which usually takes longer than when there's a Will naming your Executors.
- No Guardians for your children. If both parents die, a court may have to decide who brings your children up. See what is a Testamentary Guardian?
- Children inherit outright at 18. Whatever your children inherit is held for them until they turn 18, and then it's theirs, however young that may seem. A Will lets you choose a later age.
- Jointly owned property may pass anyway. A home owned as joint tenants passes automatically to the other owner, whatever the intestacy rules say. Read joint tenants or tenants in common?
- An unmarried partner may have to go to court. Their only option is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is slow, stressful and uncertain.
Common questions
Is there such a thing as a common law husband or wife?
No. In England and Wales, living together gives an unmarried partner no right to inherit, however many years you've been together or whether you have children. Read our guides to Wills for unmarried couples and inheritance tax for unmarried couples.
Do stepchildren inherit?
Not under the intestacy rules, unless they were legally adopted. If you want to provide for stepchildren, you need a Will.
What does the £322,000 mean?
If you're married or in a civil partnership and have children, your spouse or civil partner receives your personal possessions, the first £322,000 of your estate and half of anything above that. Your children share the other half. This figure, called the statutory legacy, applies to deaths on or after 26 July 2023.
What if I'm separated but not divorced?
Until a divorce or dissolution is final, your husband, wife or civil partner is still treated as your spouse under the intestacy rules, and may inherit most or all of your estate.
Do the rules apply in Scotland or Northern Ireland?
No. Scotland and Northern Ireland have their own intestacy rules. This page covers England and Wales.
Make sure your estate goes where you want it to
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Make your WillRules taken from the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014. The £322,000 figure applies to deaths on or after 26 July 2023.
Last reviewed: 23 October 2026 by the Downloadawill Will Team
