What happens if you die without a will?
Last reviewed 4 October 2026 · 7 min read · England & Wales
If you die without a valid will, you are said to die "intestate". The law then decides who inherits, using a fixed set of rules that take no account of who you actually wanted to provide for. For many families the result is fine. For others, particularly unmarried couples and blended families, it can be a shock.
This guide is general information about the law in England and Wales. It isn't legal advice, and everyone's situation is different. If your circumstances are complicated, speak to a solicitor.
Who inherits under the intestacy rules
The rules work through your relatives in a set order. Only people related to you by marriage, civil partnership, blood or legal adoption are included.
| Your situation | Who inherits |
|---|---|
| Married or civil partner, no children | Your spouse or civil partner inherits everything. |
| Married or civil partner, with children | Your spouse gets your personal belongings, the first £322,000 and half of anything above that. Your children share the other half. |
| Not married, with children | Your children share everything equally. A partner gets nothing. |
| Not married, no children | Your relatives inherit in the order shown below. A partner gets nothing. |
To inherit, a spouse or civil partner must outlive you by 28 days. If a child has died before you, their own children usually take their share.
The order for other relatives
If you leave no spouse, civil partner or descendants, your estate goes to the first group on this list that has someone living:
- Your parents, equally
- Your brothers and sisters who share both parents (or their children)
- Your half-brothers and half-sisters (or their children)
- Your grandparents, equally
- Your uncles and aunts who were full siblings of your parent (or their children)
- Your half-uncles and half-aunts (or their children)
- The Crown, if no one above survives you
You can check how the rules apply to your family with the government's who inherits tool on GOV.UK.
Who gets left out
- Unmarried partners, however long you have been together and even if you have children.
- Stepchildren you haven't legally adopted.
- Friends, carers and charities, however close.
- A spouse you are separated from is still your spouse until a divorce or dissolution is final, so they could inherit when you'd rather they didn't.
Claims after death
Someone who was left out, such as a partner you lived with for at least two years or someone you supported financially, may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Claims normally have to be made within six months of the grant of probate or administration. They can be expensive and upsetting for everyone involved, which is one of the best reasons to make your wishes clear in a will.
Children and the intestacy rules
Children who inherit under the intestacy rules can't receive their share until they turn 18 (or marry or form a civil partnership before then). Until that point it is held on trust for them. At 18 they receive it outright, whatever the amount.
The rules also don't appoint a guardian. If both parents die without wills naming one, the court may need to decide who raises the children. Our guide to making a will as a parent explains how to choose.
Your home and other assets outside the rules
Some things don't pass under a will or the intestacy rules at all:
- property or bank accounts held as joint tenants, which pass straight to the surviving owner;
- pensions and life insurance with a nominated beneficiary or written in trust.
If you own your home as tenants in common, your share is dealt with by your will, so making one is the only way to choose who receives it.
How a will changes things
A will lets you:
- provide for an unmarried partner, stepchildren, friends or charities;
- choose guardians for your children;
- choose your executors, rather than leaving it to whoever applies;
- decide who receives particular belongings, and leave gifts of money;
- make the process quicker and simpler for the people you leave behind.
Once you've made it, make sure it's signed correctly. Our guide on how to sign and witness a will takes you through it.
Common questions
Does my unmarried partner inherit if I die without a will?+
No. Under the intestacy rules in England and Wales, a partner you weren't married to or in a civil partnership with inherits nothing, however long you lived together. They may be able to make a claim through the courts, but that is slow, stressful and not guaranteed.
Who deals with my estate if there is no will?+
With no will there are no executors. Instead, a close relative, usually the person with the strongest right to inherit, applies to the Probate Registry to become the administrator of your estate.
What happens to a jointly owned house?+
It depends on how you own it. If you are joint tenants, your share passes automatically to the other owner, whether or not you have a will. If you are tenants in common, your share forms part of your estate and passes under your will or, without one, under the intestacy rules.
What if I have no living relatives?+
If nobody qualifies to inherit under the intestacy rules, your estate passes to the Crown, the Duchy of Lancaster or the Duchy of Cornwall. Friends and charities you cared about receive nothing unless you make a will.
Do the rules apply in Scotland and Northern Ireland?+
No. This guide covers England and Wales. Scotland and Northern Ireland have their own, different intestacy rules.