Intestacy in England & Wales

In England & Wales, an estate that is not disposed of by a valid will passes under the intestacy rules in Part IV of the Administration of Estates Act 1925, as substantially amended by the Inheritance and Trustees' Powers Act 2014. The rules set a fixed order of entitlement. The practical answer to "who inherits?" depends first on whether there is a surviving spouse or civil partner, and then on whether there is issue. This page is part of the wider Intestacy - Dying Without a Will overview; contrast the position in Intestacy in Scotland and Intestacy in Northern Ireland.

Who inherits - quick reference#

The deceased is survived by	Who inherits
Spouse/civil partner and issue	Spouse/CP takes the personal chattels, the statutory legacy of £322,000 (plus interest), and half of the residue absolutely. The issue take the other half on the statutory trusts.
Spouse/civil partner, no issue	Spouse/CP takes the whole estate absolutely. (Parents and siblings take nothing.)
Issue, no spouse/CP	The issue take the whole estate equally, on the statutory trusts.
No spouse/CP, no issue	To parents equally; if none -
	to brothers and sisters of the whole blood on the statutory trusts; if none -
	to brothers and sisters of the half blood on the statutory trusts; if none -
	to grandparents equally; if none -
	to uncles and aunts of the whole blood on the statutory trusts; if none -
	to uncles and aunts of the half blood on the statutory trusts; if none -
No qualifying relative	To the Crown (or the Duchy of Lancaster / Duchy of Cornwall) as bona vacantia.

Each category must be exhausted before the next is reached. A single member of a class takes to the exclusion of every later class.

The surviving spouse or civil partner#

A surviving spouse or civil partner is the primary beneficiary, but what they take turns on whether the deceased also left issue (children, grandchildren, and remoter descendants).

Where there is issue, the spouse or civil partner takes three things:

1. The personal chattels. Since the 2014 Act, these are defined broadly as tangible movable property, excluding money or securities, property used solely or mainly for business, and property held solely as an investment.
2. A statutory legacy - a fixed net sum of £322,000 - with interest at the Bank of England rate from the date of death until payment. This figure applies to deaths on or after 26 July 2023 and is set by statutory instrument; confirm it is still current before relying on it.
3. One half of the residue (whatever is left after the chattels and the statutory legacy) absolutely.

The other half of the residue passes to the issue on the statutory trusts. Note the important 2014 change: the spouse now takes their half of the residue outright, not as a life interest. There is no longer a trust for the spouse to unwind.

Where there is no issue, the surviving spouse or civil partner takes the entire estate, no matter how large. This is a key contrast with Intestacy in Northern Ireland, where a spouse with no issue is still capped by a statutory legacy if parents or siblings survive.

The statutory trusts and age 18#

Where children (or remoter issue) inherit, they do so on the statutory trusts under section 47 of the 1925 Act. In outline:

• A child's share is contingent on reaching 18 (or marrying or forming a civil partnership earlier).
• Until then, the share is held on trust, and the trustees have statutory powers to apply income and capital for the child's maintenance and benefit.
• If a child dies before that age leaving children of their own, those grandchildren take the deceased child's share per stirpes (by the branch of the family).

The same per stirpes principle runs through the other classes: issue of a deceased brother, sister, uncle, or aunt step into their parent's place.

The 28-day survivorship rule#

A spouse or civil partner only counts as "surviving" if they outlive the deceased by 28 days (section 46(2A), inserted by the Law Reform (Succession) Act 1995). If they die within that window, the estate is distributed as if they had not survived. This prevents an estate passing briefly into the second spouse's estate and then out to their family after a near-simultaneous death, such as a shared accident.

Adopted, step, and half-blood children#

• Adopted children are treated in law as the children of the adoptive parents and inherit from them (and not, generally, from their birth parents).
• Half-blood siblings inherit, but only in their own class, which ranks after the whole blood - a class of whole-blood siblings must be exhausted before half-blood siblings take anything.
• Stepchildren are not included unless they were legally adopted. A stepchild who was never adopted has no entitlement on intestacy, however close the relationship.

The family home#

There is no automatic right for the surviving spouse to keep the family home on an English or Welsh intestacy. The home simply forms part of the estate. But two points matter in practice:

• Joint tenancy. A home held as beneficial joint tenants passes to the survivor by survivorship, outside the estate and outside the intestacy rules altogether. Where it is held as tenants in common, only the deceased's share falls into the estate. (Severing a joint tenancy is exactly what Severance of Joint Tenancy (Form A) addresses.)
• Appropriation. A surviving spouse or civil partner can require the home to be appropriated towards their entitlement (their statutory legacy and residue share), effectively taking the house in satisfaction of what they are owed, subject to paying in any excess value.

Cohabitants inherit nothing#

An unmarried partner - a cohabitant - takes nothing under the intestacy rules, regardless of the length of the relationship or whether there are children. Their only recourse is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, typically as a cohabitant of at least two years or as a dependant. Such a claim is discretionary, must be brought within strict time limits, and cannot be relied on as a substitute for a will. This is the clearest reason for cohabiting couples to make a will using The Will (Single & Mirror).

Worked examples#

Example 1 - Spouse and two children, estate above the statutory legacy. David dies intestate, survived by his wife Ruth and their two adult children. His estate is £600,000, of which £20,000 is personal chattels.

• Ruth takes the personal chattels (£20,000) and the statutory legacy (£322,000).
• The residue is £600,000 − £20,000 − £322,000 = £258,000.
• Ruth takes half the residue absolutely: £129,000.
• The children share the other half: £129,000, i.e. £64,500 each on the statutory trusts.
• Ruth's total: £471,000.

Example 2 - Spouse and children, estate below the statutory legacy. The facts are the same, but the estate is only £250,000. Because that is less than the £322,000 statutory legacy, Ruth takes the entire estate and the children inherit nothing. This surprises many families and is a common trigger for disputes.

Example 3 - Unmarried partner, no children. Priya dies intestate with no spouse, civil partner, or issue. She lived with her partner Sam for twelve years but they never married. Sam inherits nothing under the intestacy rules; the estate passes to Priya's parents (or, if none, her siblings). Sam's only option is a discretionary claim under the 1975 Act.

Administration#

An intestate estate in England & Wales is wound up by an administrator - usually the person with the highest entitlement (commonly the surviving spouse or an adult child) - who applies for letters of administration. Their appointment, priority, and duties are set out in Executors, Administrators & the Grant of Probate, and the administration process itself in Administering an Estate, Step by Step.

Making a will instead#

Everything above is a default the law imposes because no valid will exists. A will made through The Will (Single & Mirror) replaces the fixed order entirely: it lets the testator provide for a cohabitant, appoint guardians for children, use trusts for tax planning, and give the surviving spouse a life interest rather than an absolute share where that suits a blended family.

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This page is general information about the law of England & Wales, not legal advice. The statutory legacy and other figures change by statutory instrument; confirm the current position before acting.