Who inherits if I die? (decision tree)
How to use this
Follow the questions to see who would inherit your estate. If you have a valid will, it governs; if not, the intestacy rules apply in a fixed order.
Work through the tree
Step 1
Did you leave a valid will?
YesYour will decides.Your estate passes exactly as your valid will directs. The rest of this tree only applies if there is no will.
Step 3
Do you also have children?
NoSpouse inherits everything.With no children, your spouse or civil partner takes the entire estate.
YesShared between spouse and children.Your spouse takes your personal possessions, the first £322,000, and half the rest; your children share the other half equally.
Step 4
Do you have children (but no spouse)?
YesChildren inherit everything.Your children share the whole estate equally; a deceased child's share passes to their own children.
NoPasses to other relatives — or the Crown.The estate goes to parents, then siblings, then more distant relatives in order. If none qualify, it passes to the Crown. Unmarried partners and unadopted stepchildren never inherit under intestacy.
Possible outcomes at a glance
- With a will: your estate passes exactly as you direct.
- Spouse + children: spouse takes chattels + first £322,000 + half the remainder; children share the other half.
- Spouse, no children: spouse inherits everything.
- Children, no spouse: children inherit equally.
- Neither: parents → siblings → other relatives → the Crown. Unmarried partners and unadopted stepchildren get nothing.
Sources
- Administration of Estates Act 1925 (as amended) — legislation.gov.uk
- The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — legislation.gov.uk
- GOV.UK — Inheritance: rules when there's no will
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
See who would inherit from you.
Take the free 3-minute ClearLegacy Estate Risk Assessment.
Check my estate risk