Who inherits under intestacy rules?
The intestacy rules in England and Wales follow a strict hierarchy. The estate passes down this list until someone qualifies:
1. Married spouse or civil partner
If you're married/in a civil partnership and have no children, your spouse inherits everything.
If you have children, your spouse receives:
- All personal belongings
- The first £322,000 of the estate
- Half of anything above £322,000
2. Children (or grandchildren if a child has died)
If there's no spouse, children inherit everything equally. If there is a spouse, children share the other half of everything above £322,000.
Children inherit at 18, or earlier if they marry. Until then, their share is held in trust.
3. Parents
If there's no spouse and no children, parents inherit everything equally (or one parent takes all if only one is alive).
4. Siblings (or their children if they've died)
Full siblings (same mother and father) inherit equally. If a sibling has died, their children take their share.
5. Half-siblings
Brothers and sisters who share only one parent.
6. Grandparents
If still alive, grandparents inherit equally.
7. Aunts and uncles (or cousins if they've died)
Full aunts and uncles first, then half-aunts and uncles.
8. The Crown
If no relatives can be found, the estate passes to the Crown (the government). This is called "bona vacantia."
Who does NOT inherit under intestacy?
This is where the intestacy rules often shock people. The following have NO automatic right to inherit:
- Unmarried partners — No matter how long you've lived together, an unmarried partner gets nothing under intestacy. There is no such thing as a "common law spouse" in English law.
- Stepchildren — Unless legally adopted, stepchildren have no automatic inheritance rights from a stepparent.
- Friends — Close friends who you may have wanted to remember receive nothing.
- Charities — Any charitable wishes you had are not fulfilled.
- In-laws — Your spouse's family have no claim on your estate.
- Ex-spouses — Former spouses are excluded (though they may have claims under family provision legislation).
Real-world examples
Example 1: The cohabiting couple
Sarah and Tom have lived together for 20 years but never married. They own their house jointly. Tom dies suddenly without a will.
Result: Sarah keeps her half of the house (as joint owner), but Tom's half passes to his elderly mother. Sarah may have to sell or buy out her "mother-in-law" to keep her home. Tom's savings, car, and other assets all go to his mother too.
Example 2: The wealthy married couple
James and Helen are married with two adult children. Their estate is worth £800,000. James dies without a will.
Result: Helen receives personal belongings, the first £322,000, and half of the remaining £478,000 (£239,000). The children immediately inherit £239,000 between them. Helen may need to sell assets or the family home to pay out the children's share — even though James probably assumed "Helen gets everything."
Example 3: The blended family
Michael is remarried to Claire. He has two children from his first marriage; Claire has one child from hers. Michael dies without a will.
Result: Only Michael's biological children inherit alongside Claire. Claire's child (Michael's stepchild) receives nothing, even though Michael helped raise them for 15 years.
Other problems with intestacy
Beyond who inherits, dying without a will creates other difficulties:
- No choice of executor — The court appoints an administrator, following a hierarchy that may not match who you'd have chosen
- No guardians for children — Only a will lets you choose who raises your children. Without one, the courts decide
- More expensive and slower — Intestate estates typically take longer to administer and cost more in legal fees
- No inheritance tax planning — Wills can include provisions to reduce IHT; intestacy cannot
- Family disputes — Clear wills prevent arguments; intestacy can cause lasting family rifts
Can intestacy rules be challenged?
People who feel they've been unfairly left out can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Eligible claimants include:
- Spouses and civil partners
- Former spouses who haven't remarried
- Cohabitants (living together for 2+ years before death)
- Children (including adult children)
- Anyone treated as a child of the family
- Anyone financially dependent on the deceased
However, these claims are expensive, stressful, and uncertain. A properly drafted will is far better than relying on a court case.