Introduction
What happens if you die without a will in England? Your estate is distributed under legal rules called intestacy, rather than according to informal promises or what relatives believe you would have wanted. Those rules recognise particular family relationships and do not automatically provide for everyone who matters to you.
This guide concerns England and Wales. Scotland and Northern Ireland have different inheritance rules. It is an introduction to the issues, not a decision about who inherits a particular estate. Ownership, family circumstances, the date of death and possible claims can all affect the answer.
What intestacy does, and what it does not do
Intestacy applies where a person dies without a valid will. It can also affect part of an estate if a valid will does not dispose of everything. An old or homemade document should therefore be checked rather than assuming it either answers every question or has no effect at all.
The rules decide who is entitled to the estate after the relevant liabilities and administration are dealt with. They do not appoint every grieving relative to act, cancel debts or establish that all assets pass through the estate. Some property and pension arrangements follow different legal routes.
The first practical step is to establish whether a valid will exists and identify the assets and family relationships. Search carefully and ask appropriate advisers or document-storage providers where relevant. Do not distribute possessions simply because the family initially believes there is no will.
A spouse or civil partner with children
For the current statutory-legacy rules applying to the relevant deaths, a surviving spouse or civil partner with children or other qualifying descendants receives personal chattels, the statutory legacy of £322,000 and half of the remaining estate. The other half passes under the rules for descendants.
That is a summary, not a full estate calculation. The meaning of personal chattels, the estate available for distribution, any interest on the statutory legacy and the relevant survival conditions need checking. The £322,000 amount is not an inheritance-tax allowance.
A spouse does not necessarily inherit everything simply because the couple were married. If much of the estate's value is in a property, the distribution can create practical questions about occupation and cash. Get advice before promising a particular asset to a beneficiary or assuming a sale is inevitable.
A spouse or civil partner without descendants
Under the current England and Wales rules, a surviving spouse or civil partner generally receives the estate where there are no children or other qualifying descendants. This differs from some older summaries and from rules that apply in other parts of the UK.
The legal relationship matters. Someone who is divorced or whose civil partnership has been dissolved is not treated in the same way as a current spouse or civil partner. Separation without a final divorce can create a very different situation from what a family informally expects.
Check the actual documents and dates rather than relying on a description such as 'my ex' or 'my partner'. Where a relationship, family status or entitlement is disputed, obtain advice before distributing anything. A will would normally allow more control over intended beneficiaries, subject to applicable law.
Unmarried partners do not inherit automatically
An unmarried partner does not inherit under intestacy simply because you lived together for a long time. The phrase 'common-law husband' or 'common-law wife' does not create the inheritance rights of marriage or civil partnership in England and Wales.
This can be particularly difficult where a partner relies financially on the person who died or expected to remain in a home owned in that person's name. Children or other relatives may be entitled under intestacy even if the couple understood that the survivor would receive everything.
A partner or another eligible person may be able to consider a family-provision claim in some circumstances. Eligibility, evidence and time limits require prompt legal advice. A possible claim is not an automatic inheritance and should not be treated as a dependable alternative to making a suitable will.
Children and the wider family
Where there is no surviving spouse or civil partner, qualifying children and their descendants are central to the intestacy rules. Adopted children are included in the relevant legal family relationships. A stepchild does not automatically inherit from a stepparent under intestacy simply because of that relationship.
If there are no qualifying descendants, other relatives may inherit in a statutory order. Parents and different categories of siblings and more distant relatives have defined positions. Do not guess the order from closeness, age or how much help someone gave during life.
Family tracing can be complicated where someone died before the deceased, there are half-siblings or relatives live abroad. Where there are no entitled relatives, an estate may pass to the Crown under the relevant rules. That is not what happens to every estate where someone simply failed to make a will.
How the home is owned makes a difference
Property held as beneficial joint tenants normally passes to the surviving owner by survivorship. A deceased person's share held as tenants in common normally falls into their estate. These terms describe different ownership arrangements, not whether two people happen to appear on a mortgage.
The legal title, beneficial ownership and any declarations or agreements should be checked together. A person may describe a property as 'our home' even where only one owns it, or assume they own half when the documents say something else.
An asset passing outside the estate is not automatically outside inheritance tax. Ownership and tax treatment need separate consideration. If a surviving partner's housing is at risk or ownership is disputed, take advice promptly and avoid signing transfers on the basis of a general online explanation.
Who deals with an estate without a will?
Someone may need to apply for letters of administration to obtain authority to deal with the estate. The rules establish an order of entitlement to apply; being described as next of kin does not automatically allow a person to collect and distribute every asset.
Whether a grant is needed depends on the estate and the organisations holding the assets. Small balances, jointly owned assets and larger or more complicated estates may involve different procedures. Banks and other institutions will explain their requirements, but their procedures do not decide the ultimate inheritance rights.
An administrator must identify assets and liabilities, deal with relevant tax and costs, establish beneficiaries and distribute correctly. Keep records and avoid spending estate money as though it already belongs to a particular relative. Professional help may be appropriate where the estate or family position is uncertain.
Minor beneficiaries, debts and practical delays
A child entitled under intestacy may not be able to receive and manage the inheritance immediately. Statutory trust arrangements can apply, and someone must administer the money correctly. It should not simply be placed in another adult's personal account without understanding their duties.
The estate's debts, expenses and any tax must also be addressed before final distribution. An estate can be solvent or insolvent, and an administrator who distributes too early may create problems. If there may not be enough money to pay liabilities, obtain advice before paying creditors or beneficiaries.
Delay can arise from locating documents, valuing property, identifying relatives or dealing with claims. There is no honest fixed completion promise for every intestate estate. Clear records and communication can help, but they do not remove the legal work required.
How a will can make your wishes clearer
A suitable will lets you identify intended beneficiaries, name executors and consider guardians and trust arrangements where appropriate. It can provide for an unmarried partner, friends or charities who would not receive an automatic intestacy entitlement. It still needs to satisfy the legal requirements.
Review your plan after changes in relationships, family responsibilities or property ownership. A will and the way assets are owned should work together. Do not assume that a pension nomination, joint account or promise between relatives covers everything.
If someone has already died, the immediate need is careful administration rather than rewriting their wishes retrospectively. Inherita's probate service page explains how to start a discussion. For your own planning, see the related will-cost and couples' wills guides, then use the consultation form or telephone link below.
Sources and further reading
Check current official guidance and the specialist commentary linked below. These sources support general information, not advice on your individual circumstances.
Common questions
Does my unmarried partner inherit if I have no will?
Not automatically under England and Wales intestacy rules. Other ownership arrangements or a possible legal claim may be relevant, but those are not substitutes for a suitable will.
Does the government take everything if there is no will?
No. The intestacy rules first provide for qualifying relatives in a statutory order. An estate may pass to the Crown only where no entitled relatives are identified under the applicable rules.
Is £322,000 the inheritance-tax threshold?
No. It is the current statutory legacy figure relevant to certain intestate estates with a spouse or civil partner and descendants. Inheritance-tax allowances are separate.
Talk through what may fit your circumstances.
Probate and estate-administration support can be a useful next step when you are ready to explore your options.